{"id":"qld:act-1994-063","name":"Fossicking Act 1994","slug":"fossicking-act-1994","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"63 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104750,"registerId":"qld-act-1994-063-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Fossicking Act 1994 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\nauthorised officer means—\nan authorised officer under the Mineral Resources Act 1989 ; or\na person who is appointed as an authorised officer under section 72 (1) .\ns 3 def authorised officer amd 2005 No. 8 s 55 (2)\nsub 2013 No. 10 s 23 (1) – (2)\ncamp includes—\npitch, place or erect a tent, caravan, hut or camping structure; and\nplace other camping equipment in position; and\nstay overnight.\ncommercial tour means a tour, involving fossicking, conducted as part of a business activity.\ncommercial tour operator means a person who conducts, offers to conduct, agrees to conduct, or arranges for someone else to conduct, a commercial tour.\ndeputy mining registrar ...\ns 3 def deputy mining registrar ins 2005 No. 8 s 55 (1)\nom 2013 No. 10 s 23 (1)\ndesignated fossicking land means land declared to be designated fossicking land.\nDesignated fossicking land declarations are made under section 42 (1) .\neducational organisation means—\na school, college or registered higher education provider; or\na museum; or\na department of government involved in supplying educational services.\ns 3 def educational organisation amd 2014 No. 25 s 223 sch 1 pt 2\nexploration permit see section 8 (1) .\nexplosive has the meaning given by the Explosives Act 1999 .\ns 3 def explosive amd 1999 No. 15 s 137 sch 1\nfield officer ...\ns 3 def field officer om 2013 No. 10 s 23 (1)\nforest entitlement area see section 8 (2) .\nfossick see section 5 .\nfossicking area means land declared to be a fossicking area.\nFossicking area declarations are made under section 44 (1) .\nfossicking material means—\na gemstone; or\nan ornamental stone; or\na mineral specimen; or\nalluvial gold; or\na fossil (other than a fossil of a vertebrate animal); or\na substance prescribed by regulation to be fossicking material;\nbut does not include a meteorite, tektite, or impact or ejected material associated with a meteorite impact structure.\ngemstone means a precious stone.\ngeneral permission for fossicking or camping, means permission, given under section 28 to the chief executive, for anyone—\nto fossick on land mentioned in the permission under a licence; or\nto camp on land mentioned in the permission when fossicking on the land under a licence.\ns 3 def general permission amd 2013 No. 10 s 23 (3)\ngovernment owned corporation see section 8 (3) .\nhand tool means—\na pick, shovel, hammer, sieve, shaker, or electronic detector; or\na tool declared by regulation to be a hand tool.\nissuing officer means a person who is appointed as an issuing officer under section 71 (1) .\ns 3 def issuing officer amd 2005 No. 8 s 55 (3)\nsub 2013 No. 10 s 23 (1) – (2)\nknown fossil site means land of particular palaeontologic significance because of the presence of fossils on the land.\nlake see the Water Act 2000 , schedule 4 .\ns 3 def lake ins 2005 No. 42 s 52 sch 1\nland manager see section 54 (2) .\nlicence means a fossickers licence.\nlicensee —\nmeans the holder of a licence; and\nfor part 3 , division 2 —see section 24 .\ns 3 def licensee ins 2024 No. 7 (1)\nmember see section 6 .\nmineral see section 8 (1) .\nmineral development licence see section 8 (1) .\nmining claim see section 8 (1) .\nmining district see section 8 (1) .\nmining lease see section 8 (1) .\nmining registrar ...\ns 3 def mining registrar om 2013 No. 10 s 23 (1)\nnominated waterway ...\ns 3 def nominated waterway ins 2006 No. 59 s 85 sch\nom 2014 No. 40 s 154 sch 1 pt 2\nobstruct includes hinder or resist and attempt to obstruct.\noccupied land see section 8 (1) .\noccupier of a place includes a person who reasonably appears to be the occupier, or in charge, of the place.\nowner see section 8 (1) .\ns 3 def owner sub 1998 No. 38 s 4\npermit means a fossickers camping permit.\nperson in control of a vehicle includes the vehicle’s driver or the person who reasonably appears to be the vehicle’s driver.\nplace includes premises, but does not include a vehicle.\npremises includes—\na building or other structure; and\na part of a building or other structure; and\nland where a building or other structure is situated.\nprohibited camping land means land declared to be prohibited camping land.\nRegulated camping land declarations are made under section 66 (1) .\nprospect see section 8 (1) .\nprospecting permit see section 8 (1) .\nprotected area means—\nany of the following under the Nature Conservation Act 1992 —\na national park (scientific);\na national park;\na national park (Aboriginal land);\na national park (Torres Strait Islander land);\na national park (Cape York Peninsula Aboriginal land);\na conservation park;\na special wildlife reserve; or\na strategic environmental area under the Regional Planning Interests Act 2014 .\ns 3 def protected area amd 2000 No. 44 s 42 sch\nsub 2005 No. 42 s 52 sch 1\namd 2006 No. 59 s 85 sch ; 2013 No. 55 s 102\nsub 2014 No. 40 s 154 sch 1 pt 2\namd 2016 No. 22 s 48 sch 1 ; 2019 No. 8 s 51 ; 2024 No. 33 s 7 (2)\npublic place means a place that the public is entitled to use, is open to the public, or is used by the public, whether or not on payment of money.\nregistered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5 .\ns 3 def registered higher education provider ins 2014 No. 25 s 223 sch 1 pt 2\nregistrar means the person responsible for keeping a register of interests in land.\nregulated camping land means land declared to be regulated camping land.\nRegulated camping land declarations are made under section 66 (1) .\nreserve see section 8 (1) .\nsell includes—\nsell by wholesale, retail or auction; and\nsupply in trade or commerce under an arrangement; and\nagree, attempt or offer to sell; and\nkeep or expose for sale; and\ncause or permit to be sold.\nState forest see section 8 (2) .\ntimber reserve see section 8 (2) .\ntribunal ...\ns 3 def tribunal ins 1999 No. 7 s 87 sch 3\nom 2007 No. 39 s 41 sch\nWardens Court ...\ns 3 def Wardens Court om 1999 No. 7 s 87 sch 3\nwatercourse see section 7 .\nweapon see section 8 (4) .\nwild river area ...\ns 3 def wild river area ins 2005 No. 42 s 52 sch 1\namd 2006 No. 59 s 85 sch\nom 2014 No. 40 s 154 sch 1 pt 2\nwild river high preservation area ...\ns 3 def wild river high preservation area ins 2005 No. 42 s 52 sch 1\nom 2014 No. 40 s 154 sch 1 pt 2\nwild river preservation area ...\ns 3 def wild river preservation area ins 2005 No. 42 s 52 sch 1\nom 2014 No. 40 s 154 sch 1 pt 2\n- (a) an authorised officer under the Mineral Resources Act 1989 ; or\n- (b) a person who is appointed as an authorised officer under section 72 (1) .\n- (a) pitch, place or erect a tent, caravan, hut or camping structure; and\n- (b) place other camping equipment in position; and\n- (c) stay overnight.\n- (a) a school, college or registered higher education provider; or\n- (b) a museum; or\n- (c) a department of government involved in supplying educational services.\n- (a) a gemstone; or\n- (b) an ornamental stone; or\n- (c) a mineral specimen; or\n- (d) alluvial gold; or\n- (e) a fossil (other than a fossil of a vertebrate animal); or\n- (f) a substance prescribed by regulation to be fossicking material;\n- (a) to fossick on land mentioned in the permission under a licence; or\n- (b) to camp on land mentioned in the permission when fossicking on the land under a licence.\n- (a) a pick, shovel, hammer, sieve, shaker, or electronic detector; or\n- (b) a tool declared by regulation to be a hand tool.\n- (a) means the holder of a licence; and\n- (b) for part 3 , division 2 —see section 24 .\n- (a) a building or other structure; and\n- (b) a part of a building or other structure; and\n- (c) land where a building or other structure is situated.\n- (a) any of the following under the Nature Conservation Act 1992 — (i) a national park (scientific); (ii) a national park; (iii) a national park (Aboriginal land); (iv) a national park (Torres Strait Islander land); (v) a national park (Cape York Peninsula Aboriginal land); (vi) a conservation park; (vii) a special wildlife reserve; or\n- (i) a national park (scientific);\n- (ii) a national park;\n- (iii) a national park (Aboriginal land);\n- (iv) a national park (Torres Strait Islander land);\n- (v) a national park (Cape York Peninsula Aboriginal land);\n- (vi) a conservation park;\n- (vii) a special wildlife reserve; or\n- (b) a strategic environmental area under the Regional Planning Interests Act 2014 .\n- (i) a national park (scientific);\n- (ii) a national park;\n- (iii) a national park (Aboriginal land);\n- (iv) a national park (Torres Strait Islander land);\n- (v) a national park (Cape York Peninsula Aboriginal land);\n- (vi) a conservation park;\n- (vii) a special wildlife reserve; or\n- (a) sell by wholesale, retail or auction; and\n- (b) supply in trade or commerce under an arrangement; and\n- (c) agree, attempt or offer to sell; and\n- (d) keep or expose for sale; and\n- (e) cause or permit to be sold.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of club","content":"### sec.4 Meaning of club\n\nAn entity is a club under this Act if, under its constitution, it is established for the educational, scientific or recreational study of minerals, rocks or natural history, even though it may also be established for a different purpose.\na gem or lapidary club\na geological or gemological association\na natural history association\n- 1 a gem or lapidary club\n- 2 a geological or gemological association\n- 3 a natural history association","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of fossick","content":"### sec.5 Meaning of fossick\n\nFossick means—\nsearch for fossicking materials in a systematic or unsystematic way—\non the ground’s surface; or\nby digging with a hand tool; or\ncollect fossicking materials.\nHowever, a person does not fossick merely because the person picks up a specimen of fossicking material the person finds by chance when doing something other than fossicking.\n(sec.5-ssec.1) Fossick means— search for fossicking materials in a systematic or unsystematic way— on the ground’s surface; or by digging with a hand tool; or collect fossicking materials.\n(sec.5-ssec.2) However, a person does not fossick merely because the person picks up a specimen of fossicking material the person finds by chance when doing something other than fossicking.\n- (a) search for fossicking materials in a systematic or unsystematic way— (i) on the ground’s surface; or (ii) by digging with a hand tool; or\n- (i) on the ground’s surface; or\n- (ii) by digging with a hand tool; or\n- (b) collect fossicking materials.\n- (i) on the ground’s surface; or\n- (ii) by digging with a hand tool; or","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of member","content":"### sec.6 Meaning of member\n\nMember of a club means an individual who is a member of the club in any capacity.\nMember of a commercial tour group means—\na person taking part in a commercial tour; or\nan operator, or the operator’s employee or agent, actually engaged in conducting a commercial tour; or\na person transporting group members on a commercial tour.\nMember of an educational organisation means a staff member or student of the organisation.\nMember of a licensee’s family means—\nthe licensee’s spouse; or\na child, or a student under 23, living with the licensee as a member of the licensee’s household.\ns 6 amd 2002 No. 74 s 90 sch\n(sec.6-ssec.1) Member of a club means an individual who is a member of the club in any capacity.\n(sec.6-ssec.2) Member of a commercial tour group means— a person taking part in a commercial tour; or an operator, or the operator’s employee or agent, actually engaged in conducting a commercial tour; or a person transporting group members on a commercial tour.\n(sec.6-ssec.3) Member of an educational organisation means a staff member or student of the organisation.\n(sec.6-ssec.4) Member of a licensee’s family means— the licensee’s spouse; or a child, or a student under 23, living with the licensee as a member of the licensee’s household.\n- (a) a person taking part in a commercial tour; or\n- (b) an operator, or the operator’s employee or agent, actually engaged in conducting a commercial tour; or\n- (c) a person transporting group members on a commercial tour.\n- (a) the licensee’s spouse; or\n- (b) a child, or a student under 23, living with the licensee as a member of the licensee’s household.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of watercourse","content":"### sec.7 Meaning of watercourse\n\nA watercourse is a river, creek or stream in which water flows permanently or intermittently.\nA river, creek or stream is a watercourse even if the water flows—\nin an artificially improved channel; or\nin an artificial channel that has changed the path of the river, creek or stream.\nWatercourse includes the beds and banks of a river, creek or stream, and elements of a river, creek or stream that may confine or contain water.\n(sec.7-ssec.1) A watercourse is a river, creek or stream in which water flows permanently or intermittently.\n(sec.7-ssec.2) A river, creek or stream is a watercourse even if the water flows— in an artificially improved channel; or in an artificial channel that has changed the path of the river, creek or stream.\n(sec.7-ssec.3) Watercourse includes the beds and banks of a river, creek or stream, and elements of a river, creek or stream that may confine or contain water.\n- (a) in an artificially improved channel; or\n- (b) in an artificial channel that has changed the path of the river, creek or stream.","sortOrder":7},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of expressions used in this and other Acts","content":"### sec.8 Meaning of expressions used in this and other Acts\n\nThe following expressions have the meaning given by the Mineral Resources Act 1989 —\nexploration permit\nmineral\nmineral development licence\nmining claim\nmining district\nmining lease\noccupied land\nowner\nprospect\nprospecting permit\nreserve.\nThe following expressions have the meaning given by the Forestry Act 1959 —\nforest entitlement area\nState forest\ntimber reserve.\nGovernment owned corporation has the meaning given by the Government Owned Corporations Act 1993 .\nWeapon has the meaning given by the Weapons Act 1990 .\ns 8 amd 1999 No. 7 s 87 sch 3 ; 2005 No. 8 s 56 ; 2013 No. 10 s 24\n(sec.8-ssec.1) The following expressions have the meaning given by the Mineral Resources Act 1989 — exploration permit mineral mineral development licence mining claim mining district mining lease occupied land owner prospect prospecting permit reserve.\n(sec.8-ssec.2) The following expressions have the meaning given by the Forestry Act 1959 — forest entitlement area State forest timber reserve.\n(sec.8-ssec.3) Government owned corporation has the meaning given by the Government Owned Corporations Act 1993 .\n(sec.8-ssec.4) Weapon has the meaning given by the Weapons Act 1990 .\n- • exploration permit\n- • mineral\n- • mineral development licence\n- • mining claim\n- • mining district\n- • mining lease\n- • occupied land\n- • owner\n- • prospect\n- • prospecting permit\n- • reserve.\n- • forest entitlement area\n- • State forest\n- • timber reserve.","sortOrder":8},{"sectionNumber":"pt.2","sectionType":"part","heading":"Land excluded from Act’s application","content":"# Land excluded from Act’s application","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Act’s application to protected areas","content":"### sec.9 Act’s application to protected areas\n\nThis Act does not apply to a protected area.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Act’s application to State forests, timber reserves and forest entitlement areas","content":"### sec.10 Act’s application to State forests, timber reserves and forest entitlement areas\n\nThis Act applies to a State forest, timber reserve or forest entitlement area that is not part of a protected area only if—\nthe forest, reserve or area becomes designated fossicking land or a fossicking area; or\nthe chief executive of the department in which the Forestry Act 1959 is administered gives a general permission for fossicking or camping in the forest, reserve or area.\n- (a) the forest, reserve or area becomes designated fossicking land or a fossicking area; or\n- (b) the chief executive of the department in which the Forestry Act 1959 is administered gives a general permission for fossicking or camping in the forest, reserve or area.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Act’s application if approved determination of native title","content":"### sec.11 Act’s application if approved determination of native title\n\ns 11 amd 1998 No. 30 s 21 sch\nsub 1998 No. 38 s 5\namd 1999 No. 35 s 4\nom 2013 No. 10 s 25","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Other land may be excluded from operation of Act","content":"### sec.12 Other land may be excluded from operation of Act\n\nA regulation may exclude land from the Act ’s operation.\nThe 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.","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Act’s application to scientific organisations","content":"### sec.13 Act’s application to scientific organisations\n\nThis Act does not apply to fossicking, for a scientific or research purpose, by or for—\nthe Queensland Museum; or\na scientific organisation actually engaged in a geoscience research program.\n- (a) the Queensland Museum; or\n- (b) a scientific organisation actually engaged in a geoscience research program.","sortOrder":14},{"sectionNumber":"pt.3","sectionType":"part","heading":"Licences","content":"# Licences","sortOrder":15},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Licences","content":"## Licences","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Licences","content":"### sec.14 Licences\n\nAn issuing officer may grant the following kinds of fossickers licences—\nindividual fossickers licences;\nfamily fossickers licences;\nclub fossickers licences;\neducational organisation fossickers licences;\ncommercial tour operator fossickers licences;\nanother kind of fossickers licence prescribed by regulation.\n- (a) individual fossickers licences;\n- (b) family fossickers licences;\n- (c) club fossickers licences;\n- (d) educational organisation fossickers licences;\n- (e) commercial tour operator fossickers licences;\n- (f) another kind of fossickers licence prescribed by regulation.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Applications","content":"### sec.15 Applications\n\nAn application for a licence must be made to an issuing officer for the land mentioned in the application.\nThe application must be in the approved form and accompanied by the fee prescribed by regulation for the licence.\nHowever, if the chief executive, by gazette notice, directs that an application for a licence for a stated mining district, designated fossicking land or fossicking area must be made to a stated issuing officer, an application of that kind must be made to the stated issuing officer.\nGenerally, 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 can not deal with the application, the applicant must be told where to apply for the licence.\n(sec.15-ssec.1) An application for a licence must be made to an issuing officer for the land mentioned in the application.\n(sec.15-ssec.2) The application must be in the approved form and accompanied by the fee prescribed by regulation for the licence.\n(sec.15-ssec.3) However, if the chief executive, by gazette notice, directs that an application for a licence for a stated mining district, designated fossicking land or fossicking area must be made to a stated issuing officer, an application of that kind must be made to the stated issuing officer. 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 can not deal with the application, the applicant must be told where to apply for the licence.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"How issuing officer may deal with applications for licence","content":"### sec.16 How issuing officer may deal with applications for licence\n\nAn issuing officer must consider an application for a licence and either—\ngrant the licence, with or without conditions; or\nrefuse to grant the licence.\nIf the terms of the issuing officer’s appointment prevent the officer granting the licence, the officer—\nmust not grant the licence; and\nmust tell the applicant where to apply for the licence.\nThe issuing officer must not grant a licence to—\na child; or\nan authorised officer; or\nsomeone who held a licence cancelled not more than 2 years before the day of the application.\nIf the issuing officer decides to grant the licence, the officer must promptly give the applicant—\nthe licence; and\nif a condition is stated on the licence—a written notice stating—\nthe reasons for the condition; and\nthat the applicant may appeal against the imposition of the condition within 28 days to the Land Court.\nIf the issuing officer decides not to grant the licence, the officer must promptly give the applicant a written notice stating—\nthe decision; and\nthe reasons for the decision; and\nthat the applicant may appeal against the decision within 28 days to the Land Court.\ns 16 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\n(sec.16-ssec.1) An issuing officer must consider an application for a licence and either— grant the licence, with or without conditions; or refuse to grant the licence.\n(sec.16-ssec.2) If the terms of the issuing officer’s appointment prevent the officer granting the licence, the officer— must not grant the licence; and must tell the applicant where to apply for the licence.\n(sec.16-ssec.3) The issuing officer must not grant a licence to— a child; or an authorised officer; or someone who held a licence cancelled not more than 2 years before the day of the application.\n(sec.16-ssec.4) If the issuing officer decides to grant the licence, the officer must promptly give the applicant— the licence; and if a condition is stated on the licence—a written notice stating— the reasons for the condition; and that the applicant may appeal against the imposition of the condition within 28 days to the Land Court.\n(sec.16-ssec.5) If the issuing officer decides not to grant the licence, the officer must promptly give the applicant a written notice stating— the decision; and the reasons for the decision; and that the applicant may appeal against the decision within 28 days to the Land Court.\n- (a) grant the licence, with or without conditions; or\n- (b) refuse to grant the licence.\n- (a) must not grant the licence; and\n- (b) must tell the applicant where to apply for the licence.\n- (a) a child; or\n- (b) an authorised officer; or\n- (c) someone who held a licence cancelled not more than 2 years before the day of the application.\n- (a) the licence; and\n- (b) if a condition is stated on the licence—a written notice stating— (i) the reasons for the condition; and (ii) that the applicant may appeal against the imposition of the condition within 28 days to the Land Court.\n- (i) the reasons for the condition; and\n- (ii) that the applicant may appeal against the imposition of the condition within 28 days to the Land Court.\n- (i) the reasons for the condition; and\n- (ii) that the applicant may appeal against the imposition of the condition within 28 days to the Land Court.\n- (a) the decision; and\n- (b) the reasons for the decision; and\n- (c) that the applicant may appeal against the decision within 28 days to the Land Court.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"License conditions must not be contravened","content":"### sec.17 License conditions must not be contravened\n\nA licensee must not contravene the licence conditions.\nMaximum penalty—20 penalty units.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Licence not transferable","content":"### sec.18 Licence not transferable\n\nA licence is not transferable.","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Term of licence","content":"### sec.19 Term of licence\n\nA licence is for the term, of not more than 1 year, stated in the licence.\nA regulation may authorise the issue of a stated kind of licence for a stated shorter term.\n(sec.19-ssec.1) A licence is for the term, of not more than 1 year, stated in the licence.\n(sec.19-ssec.2) A regulation may authorise the issue of a stated kind of licence for a stated shorter term.","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Replacement licences","content":"### sec.20 Replacement licences\n\nA licensee may apply to an issuing officer for the replacement of a lost, stolen or destroyed licence.\nThe issuing officer must consider the application and either—\nreplace the licence; or\nrefuse to replace the licence.\nIf the issuing officer is satisfied a licence has been lost, stolen or destroyed, the officer must replace the licence.\nIf the issuing officer decides to refuse to replace the licence, the officer must give the applicant a written notice stating—\nthe decision; and\nthe reasons for the decision; and\nthat the applicant may appeal against the decision within 28 days to the Land Court.\ns 20 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\n(sec.20-ssec.1) A licensee may apply to an issuing officer for the replacement of a lost, stolen or destroyed licence.\n(sec.20-ssec.2) The issuing officer must consider the application and either— replace the licence; or refuse to replace the licence.\n(sec.20-ssec.3) If the issuing officer is satisfied a licence has been lost, stolen or destroyed, the officer must replace the licence.\n(sec.20-ssec.4) If the issuing officer decides to refuse to replace the licence, the officer must give the applicant a written notice stating— the decision; and the reasons for the decision; and that the applicant may appeal against the decision within 28 days to the Land Court.\n- (a) replace the licence; or\n- (b) refuse to replace the licence.\n- (a) the decision; and\n- (b) the reasons for the decision; and\n- (c) that the applicant may appeal against the decision within 28 days to the Land Court.","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Suspension and cancellation of licences—grounds","content":"### sec.21 Suspension and cancellation of licences—grounds\n\nA ground for the suspension or cancellation of a licence exists if—\nthe licensee has contravened a provision of this Act or a condition of the licence; or\nthe licence was obtained by fraud or misrepresentation.\n- (a) the licensee has contravened a provision of this Act or a condition of the licence; or\n- (b) the licence was obtained by fraud or misrepresentation.","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Suspension and cancellation of licences—procedures","content":"### sec.22 Suspension and cancellation of licences—procedures\n\nIf the chief executive considers there is a ground to suspend or cancel a licence (the proposed action ), the chief executive may give the licensee a written notice—\nstating the proposed action; and\nstating the grounds for the proposed action; and\noutlining the facts and circumstances forming the basis of the grounds; and\nif the proposed action is suspension of the licence—stating the proposed suspension period; and\ninviting the licensee to show, within a stated time of at least 28 days, why the proposed action should not be taken.\nIf, after considering all written representations made within the stated time, the chief executive still considers there is a ground to take the proposed action, the chief executive may—\nif the proposed action was to suspend the licence for a stated period—suspend the licence for not longer than the proposed suspension period; or\nif the proposed action was to cancel the licence—either cancel the licence or suspend it for a period.\nThe chief executive must inform the licensee of the decision by written notice.\nIf the chief executive decides to suspend or cancel the licence, the notice must state—\nthe reasons for the decision; and\nthat the licensee may appeal against the decision within 28 days to the Land Court.\nThe decision takes effect on the later of—\nthe day when notice is given to the licensee; or\nthe day of effect stated in the notice.\nHowever, if the licence is suspended or cancelled because of the conviction of a person for an offence—\nthe suspension or cancellation does not take effect until—\nthe end of the time to appeal against the conviction; and\nif an appeal is made against the conviction—the appeal is finally decided; and\nthe suspension or cancellation has no effect if the conviction is quashed on appeal.\ns 22 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 26\n(sec.22-ssec.1) If the chief executive considers there is a ground to suspend or cancel a licence (the proposed action ), the chief executive may give the licensee a written notice— stating the proposed action; and stating the grounds for the proposed action; and outlining the facts and circumstances forming the basis of the grounds; and if the proposed action is suspension of the licence—stating the proposed suspension period; and inviting the licensee to show, within a stated time of at least 28 days, why the proposed action should not be taken.\n(sec.22-ssec.2) If, after considering all written representations made within the stated time, the chief executive still considers there is a ground to take the proposed action, the chief executive may— if the proposed action was to suspend the licence for a stated period—suspend the licence for not longer than the proposed suspension period; or if the proposed action was to cancel the licence—either cancel the licence or suspend it for a period.\n(sec.22-ssec.3) The chief executive must inform the licensee of the decision by written notice.\n(sec.22-ssec.4) If the chief executive decides to suspend or cancel the licence, the notice must state— the reasons for the decision; and that the licensee may appeal against the decision within 28 days to the Land Court.\n(sec.22-ssec.5) The decision takes effect on the later of— the day when notice is given to the licensee; or the day of effect stated in the notice.\n(sec.22-ssec.6) However, if the licence is suspended or cancelled because of the conviction of a person for an offence— the suspension or cancellation does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided; and the suspension or cancellation has no effect if the conviction is quashed on appeal.\n- (a) stating the proposed action; and\n- (b) stating the grounds for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis of the grounds; and\n- (d) if the proposed action is suspension of the licence—stating the proposed suspension period; and\n- (e) inviting the licensee to show, within a stated time of at least 28 days, why the proposed action should not be taken.\n- (a) if the proposed action was to suspend the licence for a stated period—suspend the licence for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the licence—either cancel the licence or suspend it for a period.\n- (a) the reasons for the decision; and\n- (b) that the licensee may appeal against the decision within 28 days to the Land Court.\n- (a) the day when notice is given to the licensee; or\n- (b) the day of effect stated in the notice.\n- (a) the suspension or cancellation does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided; and\n- (i) the end of the time to appeal against the conviction; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided; and\n- (b) the suspension or cancellation has no effect if the conviction is quashed on appeal.\n- (i) the end of the time to appeal against the conviction; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided; and","sortOrder":25},{"sectionNumber":"sec.23","sectionType":"section","heading":"Return of licence","content":"### sec.23 Return of licence\n\nThe holder of a suspended licence, or the former holder of a cancelled licence, must return the licence to the chief executive within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse for not returning it or not returning it within that time.\nMaximum penalty—20 penalty units.\nIf a suspended licence is returned to the chief executive, the chief executive must return it to the licensee at the end of the suspension period.\ns 23 amd 2013 No. 10 s 27\n(sec.23-ssec.1) The holder of a suspended licence, or the former holder of a cancelled licence, must return the licence to the chief executive within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse for not returning it or not returning it within that time. Maximum penalty—20 penalty units.\n(sec.23-ssec.2) If a suspended licence is returned to the chief executive, the chief executive must return it to the licensee at the end of the suspension period.","sortOrder":26},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Licensees’ entitlements and duties","content":"## Licensees’ entitlements and duties","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Meaning of licensee","content":"### sec.24 Meaning of licensee\n\nIn this division, licensee includes—\na member of a club that holds a licence; and\na member of a commercial tour group if the commercial tour operator for the commercial tour holds a licence; and\na member of an educational organisation that holds a licence; and\na member of a licensee’s family, other than a licensee mentioned in any of paragraphs (a) to (c) .\ns 24 sub 2024 No. 33 s 8\n- (a) a member of a club that holds a licence; and\n- (b) a member of a commercial tour group if the commercial tour operator for the commercial tour holds a licence; and\n- (c) a member of an educational organisation that holds a licence; and\n- (d) a member of a licensee’s family, other than a licensee mentioned in any of paragraphs (a) to (c) .","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Licence needed to fossick","content":"### sec.25 Licence needed to fossick\n\nA person must not fossick for fossicking materials unless the person is a licensee.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person fossicking on land to which a mining claim or mining lease applies—\non payment to the claim or lease holder of an admission fee; or\nwith the claim or lease holder’s permission, for a mineral for which the claim or lease is granted.\ns 25 amd 2024 No. 33 s 9\n(sec.25-ssec.1) A person must not fossick for fossicking materials unless the person is a licensee. Maximum penalty—50 penalty units.\n(sec.25-ssec.2) Subsection (1) does not apply to a person fossicking on land to which a mining claim or mining lease applies— on payment to the claim or lease holder of an admission fee; or with the claim or lease holder’s permission, for a mineral for which the claim or lease is granted.\n- (a) on payment to the claim or lease holder of an admission fee; or\n- (b) with the claim or lease holder’s permission, for a mineral for which the claim or lease is granted.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Licensee’s right to enter unoccupied land to fossick","content":"### sec.26 Licensee’s right to enter unoccupied land to fossick\n\nDespite any other Act, a licensee may enter and fossick on unoccupied land.\nHowever, a person must not fossick on excluded land.\nMaximum penalty—100 penalty units.\nIn this section—\nexcluded land means land excluded from the Act ’s operation under part 2 .\nunoccupied land means land other than occupied land.\ns 26 amd 2004 No. 53 s 2 sch\n(sec.26-ssec.1) Despite any other Act, a licensee may enter and fossick on unoccupied land.\n(sec.26-ssec.2) However, a person must not fossick on excluded land. Maximum penalty—100 penalty units.\n(sec.26-ssec.3) In this section— excluded land means land excluded from the Act ’s operation under part 2 . unoccupied land means land other than occupied land.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Permission required to fossick on particular land","content":"### sec.27 Permission required to fossick on particular land\n\nA licensee must not fossick—\non occupied land (other than a road reserve, designated fossicking land or a fossicking area) without the owner’s written permission; or\non land to which a mining claim or mining lease applies without the claim or lease holder’s written permission; or\non land the subject of an application for a mining lease under the Mineral Resources Act 1989 without the applicant’s written permission; or\non land where a person may take quarry materials under a quarry materials permit without the permit holder’s written permission; or\non land the subject of an exclusive possession determination without the written permission of the native title holders for the determination.\nMaximum penalty—50 penalty units.\nPermission under subsection (1) —\nmay be given on conditions; and\nmust be written on or attached to the licensee’s licence.\nA person who has given permission for a licensee to fossick on land as mentioned in subsection (1) may, by written notice given to the holder of the licence, withdraw the permission.\nHowever, the person must give a licensee on the land reasonable written notice of the withdrawal.\nIf the licensee does not leave the land within the reasonable period stated in the notice, the licensee commits an offence against this Act.\nMaximum penalty—50 penalty units.\nSubsection (5) does not affect a right or remedy a person may have against a licensee apart from this section.\nIn this section—\nexclusive possession determination , for land, means an approved determination of native title under the Native Title Act 1993 (Cwlth) that includes a determination to the effect that native title rights and interests under the determination confer possession of the land on native title holders to the exclusion of all others.\nnative title holder means a native title holder under the Native Title Act 1993 (Cwlth) .\nquarry materials includes controlled quarry materials under the Water Act 2000 .\nquarry materials permit means—\nan agreement, contract, licence, permit, or other authority under the Forestry Act 1959 ; or\nan allocation of quarry material under the Water Act 2000 .\ns 27 amd 2000 No. 34 s 1145 sch 3 ; 2013 No. 10 s 28 ; 2024 No. 33 s 10\n(sec.27-ssec.1) A licensee must not fossick— on occupied land (other than a road reserve, designated fossicking land or a fossicking area) without the owner’s written permission; or on land to which a mining claim or mining lease applies without the claim or lease holder’s written permission; or on land the subject of an application for a mining lease under the Mineral Resources Act 1989 without the applicant’s written permission; or on land where a person may take quarry materials under a quarry materials permit without the permit holder’s written permission; or on land the subject of an exclusive possession determination without the written permission of the native title holders for the determination. Maximum penalty—50 penalty units.\n(sec.27-ssec.2) Permission under subsection (1) — may be given on conditions; and must be written on or attached to the licensee’s licence.\n(sec.27-ssec.3) A person who has given permission for a licensee to fossick on land as mentioned in subsection (1) may, by written notice given to the holder of the licence, withdraw the permission.\n(sec.27-ssec.4) However, the person must give a licensee on the land reasonable written notice of the withdrawal.\n(sec.27-ssec.5) If the licensee does not leave the land within the reasonable period stated in the notice, the licensee commits an offence against this Act. Maximum penalty—50 penalty units.\n(sec.27-ssec.6) Subsection (5) does not affect a right or remedy a person may have against a licensee apart from this section.\n(sec.27-ssec.7) In this section— exclusive possession determination , for land, means an approved determination of native title under the Native Title Act 1993 (Cwlth) that includes a determination to the effect that native title rights and interests under the determination confer possession of the land on native title holders to the exclusion of all others. native title holder means a native title holder under the Native Title Act 1993 (Cwlth) . quarry materials includes controlled quarry materials under the Water Act 2000 . quarry materials permit means— an agreement, contract, licence, permit, or other authority under the Forestry Act 1959 ; or an allocation of quarry material under the Water Act 2000 .\n- (a) on occupied land (other than a road reserve, designated fossicking land or a fossicking area) without the owner’s written permission; or\n- (b) on land to which a mining claim or mining lease applies without the claim or lease holder’s written permission; or\n- (c) on land the subject of an application for a mining lease under the Mineral Resources Act 1989 without the applicant’s written permission; or\n- (d) on land where a person may take quarry materials under a quarry materials permit without the permit holder’s written permission; or\n- (e) on land the subject of an exclusive possession determination without the written permission of the native title holders for the determination.\n- (a) may be given on conditions; and\n- (b) must be written on or attached to the licensee’s licence.\n- (a) an agreement, contract, licence, permit, or other authority under the Forestry Act 1959 ; or\n- (b) an allocation of quarry material under the Water Act 2000 .","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"General permissions","content":"### sec.28 General permissions\n\nA person whose permission is needed to allow someone else to fossick on land may give the chief executive permission ( general permission ) for—\nfossicking on the land; and\ncamping on the land by persons fossicking under a licence.\nIf a person gives a general permission for fossicking on particular land, a licensee does not need the person’s written permission to fossick on the land.\nIf a person gives a general permission for camping on particular land by persons fossicking on the land under a licence, a licensee does not need the person’s written permission under the following provisions to camp on the land.\nUnless 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.\nHowever, if the general permission requires the licensee to get another type of permission before entering the land, the licensee must get the other permission before entering the land.\ns 28 amd 2013 No. 10 s 29\n(sec.28-ssec.1) A person whose permission is needed to allow someone else to fossick on land may give the chief executive permission ( general permission ) for— fossicking on the land; and camping on the land by persons fossicking under a licence.\n(sec.28-ssec.2) If a person gives a general permission for fossicking on particular land, a licensee does not need the person’s written permission to fossick on the land.\n(sec.28-ssec.3) If a person gives a general permission for camping on particular land by persons fossicking on the land under a licence, a licensee does not need the person’s written permission under the following provisions to camp on the land. 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.\n(sec.28-ssec.4) However, if the general permission requires the licensee to get another type of permission before entering the land, the licensee must get the other permission before entering the land.\n- (a) fossicking on the land; and\n- (b) camping on the land by persons fossicking under a licence.","sortOrder":32},{"sectionNumber":"sec.29","sectionType":"section","heading":"Licensee must comply with conditions of permission","content":"### sec.29 Licensee must comply with conditions of permission\n\nThis section applies if permission under this Act to fossick on land is given on conditions.\nA licensee must comply with the conditions of the permission.\nIf a licensee does not comply with a condition of the permission—\nthe licensee’s right to remain on the land ends; and\nan authorised officer, or the person who gave the permission, may require the licensee to leave the land immediately.\nIf the licensee does not immediately leave the land, the licensee commits an offence against this Act, unless the licensee has a reasonable excuse.\nMaximum penalty—50 penalty units.\nThis section does not affect a right or remedy the person who gave the permission may have against a licensee apart from this section.\n(sec.29-ssec.1) This section applies if permission under this Act to fossick on land is given on conditions.\n(sec.29-ssec.2) A licensee must comply with the conditions of the permission.\n(sec.29-ssec.3) If a licensee does not comply with a condition of the permission— the licensee’s right to remain on the land ends; and an authorised officer, or the person who gave the permission, may require the licensee to leave the land immediately.\n(sec.29-ssec.4) If the licensee does not immediately leave the land, the licensee commits an offence against this Act, unless the licensee has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.29-ssec.5) This section does not affect a right or remedy the person who gave the permission may have against a licensee apart from this section.\n- (a) the licensee’s right to remain on the land ends; and\n- (b) an authorised officer, or the person who gave the permission, may require the licensee to leave the land immediately.","sortOrder":33},{"sectionNumber":"sec.30","sectionType":"section","heading":"Commercial tour operator sometimes needs other permissions","content":"### sec.30 Commercial tour operator sometimes needs other permissions\n\nA commercial tour operator’s fossickers licence does not replace the need for a licence, permit or authority under another Act to enter occupied land.","sortOrder":34},{"sectionNumber":"sec.31","sectionType":"section","heading":"Other limits on commercial tour operator’s fossicker licence","content":"### sec.31 Other limits on commercial tour operator’s fossicker licence\n\nA commercial tour operator must not conduct a commercial tour in which—\nthe members of the commercial tour group are allowed to fossick in more than 1 area at the same time; or\nthere are more than 50 members of the commercial tour group who are allowed to fossick under the licence at the same time; or\nmembers of the commercial tour group are allowed to fossick for fossils.\nMaximum penalty—20 penalty units.\n- (a) the members of the commercial tour group are allowed to fossick in more than 1 area at the same time; or\n- (b) there are more than 50 members of the commercial tour group who are allowed to fossick under the licence at the same time; or\n- (c) members of the commercial tour group are allowed to fossick for fossils.","sortOrder":35},{"sectionNumber":"sec.32","sectionType":"section","heading":"Limits on club and educational organisation fossickers licence","content":"### sec.32 Limits on club and educational organisation fossickers licence\n\nA club must not allow—\nthe club’s members to fossick under the club’s licence in more than 1 area at the same time; or\nmore than 50 members to fossick under the club’s licence at the same time.\nAn educational organisation must not allow—\nthe organisation’s members to fossick under the organisation’s licence in more than 1 area at the same time; or\nmore than 50 members to fossick under the organisation’s licence at the same time.\nMaximum penalty—20 penalty units.\n(sec.32-ssec.1) A club must not allow— the club’s members to fossick under the club’s licence in more than 1 area at the same time; or more than 50 members to fossick under the club’s licence at the same time.\n(sec.32-ssec.2) An educational organisation must not allow— the organisation’s members to fossick under the organisation’s licence in more than 1 area at the same time; or more than 50 members to fossick under the organisation’s licence at the same time. Maximum penalty—20 penalty units.\n- (a) the club’s members to fossick under the club’s licence in more than 1 area at the same time; or\n- (b) more than 50 members to fossick under the club’s licence at the same time.\n- (a) the organisation’s members to fossick under the organisation’s licence in more than 1 area at the same time; or\n- (b) more than 50 members to fossick under the organisation’s licence at the same time.","sortOrder":36},{"sectionNumber":"sec.33","sectionType":"section","heading":"Records of land mentioned in general permission to be kept","content":"### sec.33 Records of land mentioned in general permission to be kept\n\nThe chief executive must keep records of general permissions for land available for inspection at the places the chief executive considers appropriate.\ns 33 amd 2013 No. 10 s 30","sortOrder":37},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"General","content":"## General","sortOrder":38},{"sectionNumber":"sec.34","sectionType":"section","heading":"When fossicking materials become licensee’s property","content":"### sec.34 When fossicking materials become licensee’s property\n\nIf fossicking materials lawfully collected under a licence are the property of the State, the materials become the licensee’s property on collection.\nHowever, the licensee must pay royalties on the fossicking materials.\nSubsection (1) applies despite the following provisions—\nMineral Resources Act 1989 , section 8 .\nForestry Act 1959 , section 45\nWater Act 2000 , section 279 .\ns 34 amd 2000 No. 34 s 1145 sch 3 ; 2004 No. 4 s 57 sch ; 2004 No. 53 s 2 sch\n(sec.34-ssec.1) If fossicking materials lawfully collected under a licence are the property of the State, the materials become the licensee’s property on collection.\n(sec.34-ssec.2) However, the licensee must pay royalties on the fossicking materials.\n(sec.34-ssec.3) Subsection (1) applies despite the following provisions— Mineral Resources Act 1989 , section 8 . Forestry Act 1959 , section 45 Water Act 2000 , section 279 .\n- • Mineral Resources Act 1989 , section 8 .\n- • Forestry Act 1959 , section 45\n- • Water Act 2000 , section 279 .","sortOrder":39},{"sectionNumber":"sec.35","sectionType":"section","heading":"Payment of royalties to State","content":"### sec.35 Payment of royalties to State\n\nThis Act does not affect a requirement under another Act to lodge royalty returns for, and pay royalties on, fossicking materials collected by a licensee.\nHowever, despite the Mineral Resources Act 1989 , a licensee need not file a royalty return under the Act for minerals collected by the licensee in a royalty period if no royalty is payable under the Act for the minerals for the period.\nIn this section—\nlicensee means—\nthe holder of an individual or family fossickers licence; or\nan individual fossicking under another kind of fossickers licence.\n(sec.35-ssec.1) This Act does not affect a requirement under another Act to lodge royalty returns for, and pay royalties on, fossicking materials collected by a licensee.\n(sec.35-ssec.2) However, despite the Mineral Resources Act 1989 , a licensee need not file a royalty return under the Act for minerals collected by the licensee in a royalty period if no royalty is payable under the Act for the minerals for the period.\n(sec.35-ssec.3) In this section— licensee means— the holder of an individual or family fossickers licence; or an individual fossicking under another kind of fossickers licence.\n- (a) the holder of an individual or family fossickers licence; or\n- (b) an individual fossicking under another kind of fossickers licence.","sortOrder":40},{"sectionNumber":"sec.36","sectionType":"section","heading":"Sale or use of fossicking material in trade or commerce","content":"### sec.36 Sale or use of fossicking material in trade or commerce\n\nThis section applies to fossicking material collected under a licence.\nA licensee must not—\nin trade or commerce, sell the material; or\nuse the material in the production of something else for sale in trade or commerce.\nMaximum penalty—400 penalty units.\nHowever, this section does not apply to—\nan occasional sale or use of fossicking material; or\na sale or use prescribed by regulation.\n(sec.36-ssec.1) This section applies to fossicking material collected under a licence.\n(sec.36-ssec.2) A licensee must not— in trade or commerce, sell the material; or use the material in the production of something else for sale in trade or commerce. Maximum penalty—400 penalty units.\n(sec.36-ssec.3) However, this section does not apply to— an occasional sale or use of fossicking material; or a sale or use prescribed by regulation.\n- (a) in trade or commerce, sell the material; or\n- (b) use the material in the production of something else for sale in trade or commerce.\n- (a) an occasional sale or use of fossicking material; or\n- (b) a sale or use prescribed by regulation.","sortOrder":41},{"sectionNumber":"sec.37","sectionType":"section","heading":"Volume, weight or number of specimens may be restricted","content":"### sec.37 Volume, weight or number of specimens may be restricted\n\nA regulation may restrict the volume, weight or number of fossicking material specimens an individual may collect on particular land.\nA licensee must not contravene a restriction prescribed by regulation.\nMaximum penalty—50 penalty units.\n(sec.37-ssec.1) A regulation may restrict the volume, weight or number of fossicking material specimens an individual may collect on particular land.\n(sec.37-ssec.2) A licensee must not contravene a restriction prescribed by regulation. Maximum penalty—50 penalty units.","sortOrder":42},{"sectionNumber":"sec.38","sectionType":"section","heading":"Use of machinery etc. prohibited","content":"### sec.38 Use of machinery etc. prohibited\n\nA person fossicking under a licence must not use machinery or equipment (other than a hand tool) to fossick.\nMaximum penalty—400 penalty units.","sortOrder":43},{"sectionNumber":"sec.39","sectionType":"section","heading":"Limits on digging","content":"### sec.39 Limits on digging\n\nA person fossicking under a licence must not dig below ground level—\nto a depth, measured from the highest point at the top of the land dug, of more than—\n0.5m in a watercourse; or\n2m on other land; or\na depth fixed under subsection (2) ; or\nif the digging involves tunnelling under land or creating an overhang; or\nin a road reserve.\nMaximum penalty—20 penalty units.\nIf, in the Minister’s opinion, digging to a depth mentioned in subsection (1) (a) (i) or (ii) on particular land may be unsafe, the Governor in Council may fix a reduced depth for the land by regulation.\n(sec.39-ssec.1) A person fossicking under a licence must not dig below ground level— to a depth, measured from the highest point at the top of the land dug, of more than— 0.5m in a watercourse; or 2m on other land; or a depth fixed under subsection (2) ; or if the digging involves tunnelling under land or creating an overhang; or in a road reserve. Maximum penalty—20 penalty units.\n(sec.39-ssec.2) If, in the Minister’s opinion, digging to a depth mentioned in subsection (1) (a) (i) or (ii) on particular land may be unsafe, the Governor in Council may fix a reduced depth for the land by regulation.\n- (a) to a depth, measured from the highest point at the top of the land dug, of more than— (i) 0.5m in a watercourse; or (ii) 2m on other land; or (iii) a depth fixed under subsection (2) ; or\n- (i) 0.5m in a watercourse; or\n- (ii) 2m on other land; or\n- (iii) a depth fixed under subsection (2) ; or\n- (b) if the digging involves tunnelling under land or creating an overhang; or\n- (c) in a road reserve.\n- (i) 0.5m in a watercourse; or\n- (ii) 2m on other land; or\n- (iii) a depth fixed under subsection (2) ; or","sortOrder":44},{"sectionNumber":"sec.40","sectionType":"section","heading":"Discovery of minerals does not confer rights","content":"### sec.40 Discovery of minerals does not confer rights\n\nTo remove any doubt, a licence does not give a person who discovers a mineral deposit while fossicking a right to do anything other than fossick for the mineral in the deposit under the licence.\nThe 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.","sortOrder":45},{"sectionNumber":"pt.4","sectionType":"part","heading":"Designated fossicking land and fossicking areas","content":"# Designated fossicking land and fossicking areas","sortOrder":46},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Designated fossicking land","content":"## Designated fossicking land","sortOrder":47},{"sectionNumber":"sec.41","sectionType":"section","heading":"Proposal for declaration of designated fossicking land","content":"### sec.41 Proposal for declaration of designated fossicking land\n\nIf the chief executive is satisfied particular land should be declared designated fossicking land, the chief executive must prepare a proposal for the declaration.\nThe proposal must describe the land proposed to become designated fossicking land.\nThe chief executive must give written notice to owners of land proposed to become designated fossicking land and the local government for the land.\nThe notice must state a day by which an owner or the local government may make submissions to the chief executive about the proposal.\nThe chief executive may give notice of the proposal in the newspaper the chief executive considers appropriate if—\nthe chief executive considers it is impracticable to give notice to each owner of a particular class; or\nafter making the inquiries the chief executive considers appropriate, an owner’s name can not easily be found out.\nIn this section—\nowner includes a person having an interest in the land.\n(sec.41-ssec.1) If the chief executive is satisfied particular land should be declared designated fossicking land, the chief executive must prepare a proposal for the declaration.\n(sec.41-ssec.2) The proposal must describe the land proposed to become designated fossicking land.\n(sec.41-ssec.3) The chief executive must give written notice to owners of land proposed to become designated fossicking land and the local government for the land.\n(sec.41-ssec.4) The notice must state a day by which an owner or the local government may make submissions to the chief executive about the proposal.\n(sec.41-ssec.5) The chief executive may give notice of the proposal in the newspaper the chief executive considers appropriate if— the chief executive considers it is impracticable to give notice to each owner of a particular class; or after making the inquiries the chief executive considers appropriate, an owner’s name can not easily be found out.\n(sec.41-ssec.6) In this section— owner includes a person having an interest in the land.\n- (a) the chief executive considers it is impracticable to give notice to each owner of a particular class; or\n- (b) after making the inquiries the chief executive considers appropriate, an owner’s name can not easily be found out.","sortOrder":48},{"sectionNumber":"sec.42","sectionType":"section","heading":"Declaration of designated fossicking land","content":"### sec.42 Declaration of designated fossicking land\n\nA regulation may declare particular land to be designated fossicking land, and give the land a name.\nA regulation must not make a declaration for occupied land without the owner’s written agreement or for a known fossil site.\nThe agreement of 1 owner who is a joint tenant or tenant in common with other owners, is, in the absence of evidence to the contrary, taken to be agreement of each other owner who is a joint tenant or tenant in common for subsection (2) .\nA declaration under subsection (1) does not affect—\nthe rights under the Mineral Resources Act 1989 of a holder of a prospecting permit, exploration permit, mineral development licence, mining claim or mining lease for land stated in the declaration; or\na right obtained under the Mineral Resources Act 1989 after the declaration, under an application made before the declaration, for a permit, licence, claim or lease mentioned in paragraph (a) for land stated in the declaration.\n(sec.42-ssec.1) A regulation may declare particular land to be designated fossicking land, and give the land a name.\n(sec.42-ssec.2) A regulation must not make a declaration for occupied land without the owner’s written agreement or for a known fossil site.\n(sec.42-ssec.3) The agreement of 1 owner who is a joint tenant or tenant in common with other owners, is, in the absence of evidence to the contrary, taken to be agreement of each other owner who is a joint tenant or tenant in common for subsection (2) .\n(sec.42-ssec.4) A declaration under subsection (1) does not affect— the rights under the Mineral Resources Act 1989 of a holder of a prospecting permit, exploration permit, mineral development licence, mining claim or mining lease for land stated in the declaration; or a right obtained under the Mineral Resources Act 1989 after the declaration, under an application made before the declaration, for a permit, licence, claim or lease mentioned in paragraph (a) for land stated in the declaration.\n- (a) the rights under the Mineral Resources Act 1989 of a holder of a prospecting permit, exploration permit, mineral development licence, mining claim or mining lease for land stated in the declaration; or\n- (b) a right obtained under the Mineral Resources Act 1989 after the declaration, under an application made before the declaration, for a permit, licence, claim or lease mentioned in paragraph (a) for land stated in the declaration.","sortOrder":49},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Fossicking areas","content":"## Fossicking areas","sortOrder":50},{"sectionNumber":"sec.43","sectionType":"section","heading":"Proposal for declaration of fossicking area","content":"### sec.43 Proposal for declaration of fossicking area\n\nIf the chief executive is satisfied particular land should be declared a fossicking area, the chief executive must prepare a proposal for the declaration.\nA 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.\nThe proposal must describe the land proposed to become a fossicking area.\nThe chief executive must give written notice to the following persons—\nowners of land proposed to become a fossicking area;\napplicants for, and holders of, an exploration permit, mineral development licence, mining claim or mining lease for the land;\nthe local government for the land.\nThe notice must state a day by which a person mentioned in subsection (3) may make submissions to the chief executive about the proposal.\nThe chief executive may give notice of the proposal in the newspaper the chief executive considers appropriate if—\nthe chief executive considers it is impracticable to give notice to each owner of a particular class; or\nafter making the inquiries the chief executive considers appropriate, an owner’s name can not easily be found out.\nIn this section—\nowner includes a person having an interest in the land.\n(sec.43-ssec.1) If the chief executive is satisfied particular land should be declared a fossicking area, the chief executive must prepare a proposal for the declaration. 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.\n(sec.43-ssec.2) The proposal must describe the land proposed to become a fossicking area.\n(sec.43-ssec.3) The chief executive must give written notice to the following persons— owners of land proposed to become a fossicking area; applicants for, and holders of, an exploration permit, mineral development licence, mining claim or mining lease for the land; the local government for the land.\n(sec.43-ssec.4) The notice must state a day by which a person mentioned in subsection (3) may make submissions to the chief executive about the proposal.\n(sec.43-ssec.5) The chief executive may give notice of the proposal in the newspaper the chief executive considers appropriate if— the chief executive considers it is impracticable to give notice to each owner of a particular class; or after making the inquiries the chief executive considers appropriate, an owner’s name can not easily be found out.\n(sec.43-ssec.6) In this section— owner includes a person having an interest in the land.\n- (a) owners of land proposed to become a fossicking area;\n- (b) applicants for, and holders of, an exploration permit, mineral development licence, mining claim or mining lease for the land;\n- (c) the local government for the land.\n- (a) the chief executive considers it is impracticable to give notice to each owner of a particular class; or\n- (b) after making the inquiries the chief executive considers appropriate, an owner’s name can not easily be found out.","sortOrder":51},{"sectionNumber":"sec.44","sectionType":"section","heading":"Declaration of fossicking area","content":"### sec.44 Declaration of fossicking area\n\nA regulation may declare particular land to be a fossicking area, and give the area a name.\nA regulation must not make a declaration—\nfor occupied land—without the owner’s written agreement; or\nfor land in an exploration permit, mineral development licence, mining claim or mining lease—without written agreement of the permit, licence, claim or lease holder; or\nfor land in an application under the Mineral Resources Act 1989 for an exploration permit, mineral development licence, mining claim or mining lease that has not been rejected or withdrawn when the declaration is made—without the applicant’s written agreement; or\nfor a known fossil site.\nHowever, a declaration may be made for land in an application mentioned in subsection (2) (c) for which the applicant’s agreement was not obtained if the application is rejected or withdrawn before the declaration is made.\nThe agreement of 1 owner who is a joint tenant or tenant in common with other owners, is, in the absence of evidence to the contrary, taken to be agreement of each other owner who is a joint tenant or tenant in common for subsection (2) (a) .\n(sec.44-ssec.1) A regulation may declare particular land to be a fossicking area, and give the area a name.\n(sec.44-ssec.2) A regulation must not make a declaration— for occupied land—without the owner’s written agreement; or for land in an exploration permit, mineral development licence, mining claim or mining lease—without written agreement of the permit, licence, claim or lease holder; or for land in an application under the Mineral Resources Act 1989 for an exploration permit, mineral development licence, mining claim or mining lease that has not been rejected or withdrawn when the declaration is made—without the applicant’s written agreement; or for a known fossil site.\n(sec.44-ssec.3) However, a declaration may be made for land in an application mentioned in subsection (2) (c) for which the applicant’s agreement was not obtained if the application is rejected or withdrawn before the declaration is made.\n(sec.44-ssec.4) The agreement of 1 owner who is a joint tenant or tenant in common with other owners, is, in the absence of evidence to the contrary, taken to be agreement of each other owner who is a joint tenant or tenant in common for subsection (2) (a) .\n- (a) for occupied land—without the owner’s written agreement; or\n- (b) for land in an exploration permit, mineral development licence, mining claim or mining lease—without written agreement of the permit, licence, claim or lease holder; or\n- (c) for land in an application under the Mineral Resources Act 1989 for an exploration permit, mineral development licence, mining claim or mining lease that has not been rejected or withdrawn when the declaration is made—without the applicant’s written agreement; or\n- (d) for a known fossil site.","sortOrder":52},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"General","content":"## General","sortOrder":53},{"sectionNumber":"sec.45","sectionType":"section","heading":"Declaration does not normally affect person’s title to land","content":"### sec.45 Declaration does not normally affect person’s title to land\n\nA declaration of land as designated fossicking land or a fossicking area does not affect a person’s title to land unless the owner’s agreement to the declaration contains terms binding on the State and the owner and the owner’s successors in title.\nUnder 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.","sortOrder":54},{"sectionNumber":"sec.46","sectionType":"section","heading":"No fee payable","content":"### sec.46 No fee payable\n\nAn owner of designated fossicking land or land in a fossicking area must not charge a fee for fossicking on the land.\nMaximum penalty—10 penalty units.","sortOrder":55},{"sectionNumber":"sec.47","sectionType":"section","heading":"Restriction on alienation of unallocated State land","content":"### sec.47 Restriction on alienation of unallocated State land\n\nThis section applies if unallocated State land under the Land Act 1994 is part of designated fossicking land or a fossicking area.\nUnallocated State land mentioned in subsection (1) must not be alienated, leased or occupied without the Minister’s approval.\nHowever, failure to obtain the Minister’s approval does not invalidate an alienation, lease or occupancy.\ns 47 amd 1995 No. 57 s 4 sch 2\n(sec.47-ssec.1) This section applies if unallocated State land under the Land Act 1994 is part of designated fossicking land or a fossicking area.\n(sec.47-ssec.2) Unallocated State land mentioned in subsection (1) must not be alienated, leased or occupied without the Minister’s approval.\n(sec.47-ssec.3) However, failure to obtain the Minister’s approval does not invalidate an alienation, lease or occupancy.","sortOrder":56},{"sectionNumber":"sec.48","sectionType":"section","heading":"Some agreements run with land","content":"### sec.48 Some agreements run with land\n\nAn owner’s agreement to the declaration of land as designated fossicking land or a fossicking area may contain terms binding on the State, the owner and the owner’s successors in title.","sortOrder":57},{"sectionNumber":"sec.49","sectionType":"section","heading":"When does agreement end?","content":"### sec.49 When does agreement end?\n\nAn owner’s agreement to the declaration of land as designated fossicking land or a fossicking area has effect until it ends under its terms unless—\nit is earlier ended under subsection (2) ; or\nthe declaration of the land as designated fossicking land or a fossicking area is repealed.\nThe agreement may be ended if—\nthe owner asks for it to be ended; or\nthe Minister considers the land to which the agreement applies is no longer needed, or suitable for use under the agreement, as designated fossicking land or a fossicking area.\n(sec.49-ssec.1) An owner’s agreement to the declaration of land as designated fossicking land or a fossicking area has effect until it ends under its terms unless— it is earlier ended under subsection (2) ; or the declaration of the land as designated fossicking land or a fossicking area is repealed.\n(sec.49-ssec.2) The agreement may be ended if— the owner asks for it to be ended; or the Minister considers the land to which the agreement applies is no longer needed, or suitable for use under the agreement, as designated fossicking land or a fossicking area.\n- (a) it is earlier ended under subsection (2) ; or\n- (b) the declaration of the land as designated fossicking land or a fossicking area is repealed.\n- (a) the owner asks for it to be ended; or\n- (b) the Minister considers the land to which the agreement applies is no longer needed, or suitable for use under the agreement, as designated fossicking land or a fossicking area.","sortOrder":58},{"sectionNumber":"sec.50","sectionType":"section","heading":"Amendment of agreements","content":"### sec.50 Amendment of agreements\n\nAn owner’s agreement to the declaration of land as designated fossicking land or a fossicking area may be amended by a later agreement between the State and the owner, including, for example, by removing from the designated fossicking land or fossicking area, if the owner asks, land no longer needed, or suitable for use as designated fossicking land or a fossicking area.","sortOrder":59},{"sectionNumber":"sec.51","sectionType":"section","heading":"When agreement is not needed","content":"### sec.51 When agreement is not needed\n\nIf land that is already designated fossicking land or a fossicking area is proposed to be included with other land in a later declaration of land as designated fossicking land or a fossicking area, the owner’s agreement to the inclusion of the land in land to be covered by the declaration is not needed.","sortOrder":60},{"sectionNumber":"sec.52","sectionType":"section","heading":"Chief executive may erect signs and carry out works","content":"### sec.52 Chief executive may erect signs and carry out works\n\nThe chief executive may erect signs and carry out works on designated fossicking land and fossicking areas for administrative purposes, hygiene reasons or public enjoyment and protection.\nHowever, if the land is occupied land, the chief executive must not carry out works (other than erecting a sign) on the land without the owner’s consent.\nA sign does not affect an owner’s access to the land or prevent the exercise of the owner’s rights on the land.\n(sec.52-ssec.1) The chief executive may erect signs and carry out works on designated fossicking land and fossicking areas for administrative purposes, hygiene reasons or public enjoyment and protection.\n(sec.52-ssec.2) However, if the land is occupied land, the chief executive must not carry out works (other than erecting a sign) on the land without the owner’s consent.\n(sec.52-ssec.3) A sign does not affect an owner’s access to the land or prevent the exercise of the owner’s rights on the land.","sortOrder":61},{"sectionNumber":"sec.53","sectionType":"section","heading":"Management plans","content":"### sec.53 Management plans\n\nThe chief executive may prepare a draft management plan for designated fossicking land or a fossicking area if, in the chief executive’s opinion, the use of the designated fossicking land or fossicking area should be regulated because of the extent of use of, or the impact of activities on, the land.\nIn preparing the draft management plan, the chief executive must consult with landowners, any land manager for the land, the local government for the land and anyone else the chief executive considers may be affected by the plan.\nIn preparing a final management plan, the chief executive must consider submissions properly made to the chief executive.\nIf the chief executive approves a final management plan, the chief executive must ensure the approved plan is available for public inspection at the places the chief executive considers appropriate.\ns 53 amd 2013 No. 10 s 31\n(sec.53-ssec.1) The chief executive may prepare a draft management plan for designated fossicking land or a fossicking area if, in the chief executive’s opinion, the use of the designated fossicking land or fossicking area should be regulated because of the extent of use of, or the impact of activities on, the land.\n(sec.53-ssec.2) In preparing the draft management plan, the chief executive must consult with landowners, any land manager for the land, the local government for the land and anyone else the chief executive considers may be affected by the plan.\n(sec.53-ssec.3) In preparing a final management plan, the chief executive must consider submissions properly made to the chief executive.\n(sec.53-ssec.4) If the chief executive approves a final management plan, the chief executive must ensure the approved plan is available for public inspection at the places the chief executive considers appropriate.","sortOrder":62},{"sectionNumber":"sec.54","sectionType":"section","heading":"Minister may appoint manager","content":"### sec.54 Minister may appoint manager\n\nThis section applies to land that is designated fossicking land or a fossicking area (the land ).\nThe Minister may, with the owner’s approval, appoint a manager for the land (the land manager ).\nThe terms of the appointment are as stated in the instrument of appointment.\nThe Minister must not appoint a person as the land manager if the owner does not agree to the person’s appointment.\nThe land manager must—\ncare for and administer the land; and\nensure the management plan for the land is properly carried out; and\nkeep records of all amounts received by the land manager under this Act; and\naccount to the chief executive for the amounts.\nThe Public Sector Management and Employment Act 1988 does not apply to the appointment or employment of the land manager.\n(sec.54-ssec.1) This section applies to land that is designated fossicking land or a fossicking area (the land ).\n(sec.54-ssec.2) The Minister may, with the owner’s approval, appoint a manager for the land (the land manager ).\n(sec.54-ssec.3) The terms of the appointment are as stated in the instrument of appointment.\n(sec.54-ssec.4) The Minister must not appoint a person as the land manager if the owner does not agree to the person’s appointment.\n(sec.54-ssec.5) The land manager must— care for and administer the land; and ensure the management plan for the land is properly carried out; and keep records of all amounts received by the land manager under this Act; and account to the chief executive for the amounts.\n(sec.54-ssec.6) The Public Sector Management and Employment Act 1988 does not apply to the appointment or employment of the land manager.\n- (a) care for and administer the land; and\n- (b) ensure the management plan for the land is properly carried out; and\n- (c) keep records of all amounts received by the land manager under this Act; and\n- (d) account to the chief executive for the amounts.","sortOrder":63},{"sectionNumber":"sec.55","sectionType":"section","heading":"Trading and commercial activities on designated fossicking land or fossicking areas generally not allowed","content":"### sec.55 Trading and commercial activities on designated fossicking land or fossicking areas generally not allowed\n\nA person must not carry out a trading or commercial activity on designated fossicking land or a fossicking area.\nMaximum penalty—400 penalty units.\nSubsection (1) does not apply to lawful activities by or for the owner of the land or the holder of a mining claim or lease over the land.\nAlso, subsection (1) does not prevent a commercial tour group visiting the land under a commercial tour operator’s fossicking licence.\n(sec.55-ssec.1) A person must not carry out a trading or commercial activity on designated fossicking land or a fossicking area. Maximum penalty—400 penalty units.\n(sec.55-ssec.2) Subsection (1) does not apply to lawful activities by or for the owner of the land or the holder of a mining claim or lease over the land.\n(sec.55-ssec.3) Also, subsection (1) does not prevent a commercial tour group visiting the land under a commercial tour operator’s fossicking licence.","sortOrder":64},{"sectionNumber":"sec.56","sectionType":"section","heading":"Living on designated fossicking land and fossicking areas","content":"### sec.56 Living on designated fossicking land and fossicking areas\n\nA person must not live on designated fossicking land or a fossicking area without the chief executive’s written permission.\nMaximum penalty—400 penalty units.\nSubsection (1) does not apply to—\nan owner of occupied land in designated fossicking land or a fossicking area; or\na member of the owner’s family, a lessee or sub-lessee from the owner, or anyone living on the land with the owner’s permission; or\nthe holder of a mining claim or lease; or\nan agent or employee of the holder of a mining claim or lease; or\nanyone else living on the land when it became designated fossicking land or a fossicking area.\ns 56 amd 2013 No. 10 s 32\n(sec.56-ssec.1) A person must not live on designated fossicking land or a fossicking area without the chief executive’s written permission. Maximum penalty—400 penalty units.\n(sec.56-ssec.2) Subsection (1) does not apply to— an owner of occupied land in designated fossicking land or a fossicking area; or a member of the owner’s family, a lessee or sub-lessee from the owner, or anyone living on the land with the owner’s permission; or the holder of a mining claim or lease; or an agent or employee of the holder of a mining claim or lease; or anyone else living on the land when it became designated fossicking land or a fossicking area.\n- (a) an owner of occupied land in designated fossicking land or a fossicking area; or\n- (b) a member of the owner’s family, a lessee or sub-lessee from the owner, or anyone living on the land with the owner’s permission; or\n- (c) the holder of a mining claim or lease; or\n- (d) an agent or employee of the holder of a mining claim or lease; or\n- (e) anyone else living on the land when it became designated fossicking land or a fossicking area.","sortOrder":65},{"sectionNumber":"sec.57","sectionType":"section","heading":"Conduct on designated fossicking land and fossicking areas","content":"### sec.57 Conduct on designated fossicking land and fossicking areas\n\nA person on designated fossicking land or a fossicking area must not—\nobstruct a person lawfully on the land or area, unless the person has a reasonable excuse; or\nbe disorderly; or\ncreate a disturbance, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\n- (a) obstruct a person lawfully on the land or area, unless the person has a reasonable excuse; or\n- (b) be disorderly; or\n- (c) create a disturbance, unless the person has a reasonable excuse.","sortOrder":66},{"sectionNumber":"pt.5","sectionType":"part","heading":"Camping","content":"# Camping","sortOrder":67},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Permits","content":"## Permits","sortOrder":68},{"sectionNumber":"sec.58","sectionType":"section","heading":"Fossickers camping permits","content":"### sec.58 Fossickers camping permits\n\nAn issuing officer may grant the following kinds of fossickers camping permits—\nindividual fossickers camping permits;\nfamily fossickers camping permits;\nclub fossickers camping permits;\neducational organisation fossickers camping permits;\ncommercial tour operator fossickers camping permits;\nanother kind of fossickers camping permit prescribed by regulation.\nA regulation may provide for camping under self-registration procedures provided in the regulation.\n(sec.58-ssec.1) An issuing officer may grant the following kinds of fossickers camping permits— individual fossickers camping permits; family fossickers camping permits; club fossickers camping permits; educational organisation fossickers camping permits; commercial tour operator fossickers camping permits; another kind of fossickers camping permit prescribed by regulation.\n(sec.58-ssec.2) A regulation may provide for camping under self-registration procedures provided in the regulation.\n- (a) individual fossickers camping permits;\n- (b) family fossickers camping permits;\n- (c) club fossickers camping permits;\n- (d) educational organisation fossickers camping permits;\n- (e) commercial tour operator fossickers camping permits;\n- (f) another kind of fossickers camping permit prescribed by regulation.","sortOrder":69},{"sectionNumber":"sec.59","sectionType":"section","heading":"Applications for fossickers camping permits","content":"### sec.59 Applications for fossickers camping permits\n\nAn application for a permit must be made to an issuing officer for the land to which the application applies.\nThe application must be in the approved form and accompanied by the fee prescribed by regulation for the permit.\nHowever, if the chief executive, by gazette notice, directs that an application for a permit for particular designated fossicking land or a particular fossicking area must be made to a particular issuing officer, an application of that kind must be made to that issuing officer.\nIf a person may camp on particular land under self-registration procedures, this section does not prevent the person applying for a permit under the self-registration procedures.\n(sec.59-ssec.1) An application for a permit must be made to an issuing officer for the land to which the application applies.\n(sec.59-ssec.2) The application must be in the approved form and accompanied by the fee prescribed by regulation for the permit.\n(sec.59-ssec.3) However, if the chief executive, by gazette notice, directs that an application for a permit for particular designated fossicking land or a particular fossicking area must be made to a particular issuing officer, an application of that kind must be made to that issuing officer.\n(sec.59-ssec.4) If a person may camp on particular land under self-registration procedures, this section does not prevent the person applying for a permit under the self-registration procedures.","sortOrder":70},{"sectionNumber":"sec.60","sectionType":"section","heading":"How issuing officer may deal with applications for permit","content":"### sec.60 How issuing officer may deal with applications for permit\n\nAn issuing officer must consider an application for a permit and either—\ngrant the permit, with or without conditions; or\nrefuse to grant the permit.\nIf the terms of the issuing officer’s appointment prevent the officer granting the permit, the officer—\nmust not grant the permit; and\nmust tell the applicant where to apply for the permit.\nIf the issuing officer decides to grant the permit, the officer must promptly give the applicant the permit.\nHowever, the issuing officer must refuse to grant a permit for camping on regulated camping land if granting it would allow the applicant to camp continuously on the same regulated camping land for longer than the maximum term of a permit.\n(sec.60-ssec.1) An issuing officer must consider an application for a permit and either— grant the permit, with or without conditions; or refuse to grant the permit.\n(sec.60-ssec.2) If the terms of the issuing officer’s appointment prevent the officer granting the permit, the officer— must not grant the permit; and must tell the applicant where to apply for the permit.\n(sec.60-ssec.3) If the issuing officer decides to grant the permit, the officer must promptly give the applicant the permit.\n(sec.60-ssec.4) However, the issuing officer must refuse to grant a permit for camping on regulated camping land if granting it would allow the applicant to camp continuously on the same regulated camping land for longer than the maximum term of a permit.\n- (a) grant the permit, with or without conditions; or\n- (b) refuse to grant the permit.\n- (a) must not grant the permit; and\n- (b) must tell the applicant where to apply for the permit.","sortOrder":71},{"sectionNumber":"sec.61","sectionType":"section","heading":"Permit conditions must not be contravened","content":"### sec.61 Permit conditions must not be contravened\n\nThe permit holder and anyone else camping under the permit must comply with the permit conditions.\nMaximum penalty—20 penalty units.","sortOrder":72},{"sectionNumber":"sec.62","sectionType":"section","heading":"Permit not transferable","content":"### sec.62 Permit not transferable\n\nA permit is not transferable.","sortOrder":73},{"sectionNumber":"sec.63","sectionType":"section","heading":"Term of permit","content":"### sec.63 Term of permit\n\nA permit is for the term stated in the permit.\nA regulation may prescribe a maximum term for permits.\n(sec.63-ssec.1) A permit is for the term stated in the permit.\n(sec.63-ssec.2) A regulation may prescribe a maximum term for permits.","sortOrder":74},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Camping","content":"## Camping","sortOrder":75},{"sectionNumber":"sec.64","sectionType":"section","heading":"Division does not apply to some individuals","content":"### sec.64 Division does not apply to some individuals\n\nThis division does not apply to camping on designated fossicking land or a fossicking area if the person camping on the land is—\nthe owner; or\nan agent of, or lessee or sub-lessee from, the owner; or\nsomeone else camping on the owner’s land with the owner’s permission; or\nthe holder of a mining claim or mining lease over the land where the person is camping; or\nan agent of a mining claim or lease holder of the land where the person is camping.\n- (a) the owner; or\n- (b) an agent of, or lessee or sub-lessee from, the owner; or\n- (c) someone else camping on the owner’s land with the owner’s permission; or\n- (d) the holder of a mining claim or mining lease over the land where the person is camping; or\n- (e) an agent of a mining claim or lease holder of the land where the person is camping.","sortOrder":76},{"sectionNumber":"sec.65","sectionType":"section","heading":"Prohibited camping land","content":"### sec.65 Prohibited camping land\n\nA regulation may declare designated fossicking land or a fossicking area to be prohibited camping land.\nA person must not camp on prohibited camping land.\nMaximum penalty for subsection (2) —20 penalty units.\n(sec.65-ssec.1) A regulation may declare designated fossicking land or a fossicking area to be prohibited camping land.\n(sec.65-ssec.2) A person must not camp on prohibited camping land. Maximum penalty for subsection (2) —20 penalty units.","sortOrder":77},{"sectionNumber":"sec.66","sectionType":"section","heading":"Regulated camping land","content":"### sec.66 Regulated camping land\n\nA regulation may declare designated fossicking land or a fossicking area to be regulated camping land.\nA regulation must not declare land to be regulated camping land without the agreement of—\nif camping on the land is regulated under a local law—the local government for the land; or\nif the land is occupied land—the owner of the land.\nIf land mentioned in subsection (2) (a) or (b) , or land on which camping is regulated under another Act, becomes regulated camping land—\na provision of the Act or local law regulating camping on the land ceases to apply to the land to the extent stated in the regulation; and\nno camping fee is payable to the owner by persons camping on the land under this Act.\n(sec.66-ssec.1) A regulation may declare designated fossicking land or a fossicking area to be regulated camping land.\n(sec.66-ssec.2) A regulation must not declare land to be regulated camping land without the agreement of— if camping on the land is regulated under a local law—the local government for the land; or if the land is occupied land—the owner of the land.\n(sec.66-ssec.3) If land mentioned in subsection (2) (a) or (b) , or land on which camping is regulated under another Act, becomes regulated camping land— a provision of the Act or local law regulating camping on the land ceases to apply to the land to the extent stated in the regulation; and no camping fee is payable to the owner by persons camping on the land under this Act.\n- (a) if camping on the land is regulated under a local law—the local government for the land; or\n- (b) if the land is occupied land—the owner of the land.\n- (a) a provision of the Act or local law regulating camping on the land ceases to apply to the land to the extent stated in the regulation; and\n- (b) no camping fee is payable to the owner by persons camping on the land under this Act.","sortOrder":78},{"sectionNumber":"sec.67","sectionType":"section","heading":"Permit needed to camp on regulated camping land","content":"### sec.67 Permit needed to camp on regulated camping land\n\nA person must not camp on regulated camping land unless the person—\nholds a permit; or\nis a member of a club holding a permit; or\nis taking part in a commercial tour under the commercial tour operator’s permit; or\nis a member of—\nan educational organisation holding a permit; or\na permit holder’s family.\nAlso, if the regulated camping land is land to which a mining claim or lease applies, the person must not camp on the land without the claim or lease holder’s permission.\nMaximum penalty—20 penalty units.\nA permission mentioned in this section and sections 68 and 69 includes a general permission under section 28 (General permissions).\ns 67 amd 1995 No. 57 s 4 sch 2\n(sec.67-ssec.1) A person must not camp on regulated camping land unless the person— holds a permit; or is a member of a club holding a permit; or is taking part in a commercial tour under the commercial tour operator’s permit; or is a member of— an educational organisation holding a permit; or a permit holder’s family.\n(sec.67-ssec.2) Also, if the regulated camping land is land to which a mining claim or lease applies, the person must not camp on the land without the claim or lease holder’s permission. Maximum penalty—20 penalty units. A permission mentioned in this section and sections 68 and 69 includes a general permission under section 28 (General permissions).\n- (a) holds a permit; or\n- (b) is a member of a club holding a permit; or\n- (c) is taking part in a commercial tour under the commercial tour operator’s permit; or\n- (d) is a member of— (i) an educational organisation holding a permit; or (ii) a permit holder’s family.\n- (i) an educational organisation holding a permit; or\n- (ii) a permit holder’s family.\n- (i) an educational organisation holding a permit; or\n- (ii) a permit holder’s family.","sortOrder":79},{"sectionNumber":"sec.68","sectionType":"section","heading":"Camping on non-regulated designated fossicking land and fossicking areas","content":"### sec.68 Camping on non-regulated designated fossicking land and fossicking areas\n\nThis section applies to camping on designated fossicking land or a fossicking area (other than prohibited camping land and regulated camping land).\nIf the land is occupied land or land to which a mining claim or lease applies, a person fossicking under a licence must not camp on the land without the owner’s or claim or lease holder’s permission.\nMaximum penalty—20 penalty units.\n(sec.68-ssec.1) This section applies to camping on designated fossicking land or a fossicking area (other than prohibited camping land and regulated camping land).\n(sec.68-ssec.2) If the land is occupied land or land to which a mining claim or lease applies, a person fossicking under a licence must not camp on the land without the owner’s or claim or lease holder’s permission. Maximum penalty—20 penalty units.","sortOrder":80},{"sectionNumber":"sec.69","sectionType":"section","heading":"Camping on other land","content":"### sec.69 Camping on other land\n\nThis section applies to camping on land other than designated fossicking land and a fossicking area.\nIf the land is occupied land or land to which a mining claim or mining lease applies, a person fossicking under a licence must not camp on the land without the owner’s, or claim or lease holder’s, permission.\nMaximum penalty—20 penalty units.\n(sec.69-ssec.1) This section applies to camping on land other than designated fossicking land and a fossicking area.\n(sec.69-ssec.2) If the land is occupied land or land to which a mining claim or mining lease applies, a person fossicking under a licence must not camp on the land without the owner’s, or claim or lease holder’s, permission. Maximum penalty—20 penalty units.","sortOrder":81},{"sectionNumber":"sec.70","sectionType":"section","heading":"Breach of conditions of permission","content":"### sec.70 Breach of conditions of permission\n\nThis section applies to a person camping on land (other than prohibited camping land) while fossicking on the land under a licence.\nIf the person does not comply with the conditions of the permission to camp on the land—\nthe person’s right to remain on the land ends; and\nan authorised officer, the landowner, claim holder or lease holder may require the person to leave the land immediately.\nIf the person does not leave the land immediately, the person commits an offence against this Act.\nMaximum penalty—50 penalty units.\nThis section does not affect a right or remedy the owner may have against the person apart from this section.\n(sec.70-ssec.1) This section applies to a person camping on land (other than prohibited camping land) while fossicking on the land under a licence.\n(sec.70-ssec.2) If the person does not comply with the conditions of the permission to camp on the land— the person’s right to remain on the land ends; and an authorised officer, the landowner, claim holder or lease holder may require the person to leave the land immediately.\n(sec.70-ssec.3) If the person does not leave the land immediately, the person commits an offence against this Act. Maximum penalty—50 penalty units.\n(sec.70-ssec.4) This section does not affect a right or remedy the owner may have against the person apart from this section.\n- (a) the person’s right to remain on the land ends; and\n- (b) an authorised officer, the landowner, claim holder or lease holder may require the person to leave the land immediately.","sortOrder":82},{"sectionNumber":"pt.6","sectionType":"part","heading":"Administration and enforcement","content":"# Administration and enforcement","sortOrder":83},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Administration","content":"## Administration","sortOrder":84},{"sectionNumber":"sec.71","sectionType":"section","heading":"Chief executive may appoint issuing officers","content":"### sec.71 Chief executive may appoint issuing officers\n\nThe chief executive may appoint an appropriate person as an issuing officer under this Act.\nThe chief executive may, in the appointment—\nauthorise the person to grant a licence or permit for any land to which this Act applies, or a particular mining district, designated fossicking land or fossicking area; or\nlimit the person’s authority to grant a licence or permit to—\na particular kind of licence or permit; or\na shorter term (stated in the appointment) than the maximum term prescribed by regulation for the licence or permit; or\nauthorise employees of the person to grant licences and permits of a particular kind.\nThe chief executive may authorise an issuing officer (other than an officer of the public service or member or employee of a local government) to charge commission or keep a specified part of the prescribed fee for granting a licence or permit.\nThe commission that may be charged, or part of the prescribed fee that may be kept, must be fixed by regulation.\n(sec.71-ssec.1) The chief executive may appoint an appropriate person as an issuing officer under this Act.\n(sec.71-ssec.2) The chief executive may, in the appointment— authorise the person to grant a licence or permit for any land to which this Act applies, or a particular mining district, designated fossicking land or fossicking area; or limit the person’s authority to grant a licence or permit to— a particular kind of licence or permit; or a shorter term (stated in the appointment) than the maximum term prescribed by regulation for the licence or permit; or authorise employees of the person to grant licences and permits of a particular kind.\n(sec.71-ssec.3) The chief executive may authorise an issuing officer (other than an officer of the public service or member or employee of a local government) to charge commission or keep a specified part of the prescribed fee for granting a licence or permit.\n(sec.71-ssec.4) The commission that may be charged, or part of the prescribed fee that may be kept, must be fixed by regulation.\n- (a) authorise the person to grant a licence or permit for any land to which this Act applies, or a particular mining district, designated fossicking land or fossicking area; or\n- (b) limit the person’s authority to grant a licence or permit to— (i) a particular kind of licence or permit; or (ii) a shorter term (stated in the appointment) than the maximum term prescribed by regulation for the licence or permit; or\n- (i) a particular kind of licence or permit; or\n- (ii) a shorter term (stated in the appointment) than the maximum term prescribed by regulation for the licence or permit; or\n- (c) authorise employees of the person to grant licences and permits of a particular kind.\n- (i) a particular kind of licence or permit; or\n- (ii) a shorter term (stated in the appointment) than the maximum term prescribed by regulation for the licence or permit; or","sortOrder":85},{"sectionNumber":"sec.72","sectionType":"section","heading":"Chief executive may appoint authorised officers","content":"### sec.72 Chief executive may appoint authorised officers\n\nThe chief executive may appoint any of the following persons as authorised officers—\nofficers and employees of the public service;\nemployees of a government owned corporation;\nemployees of a rail government entity under the Transport Infrastructure Act 1994 ;\nmembers or employees of a local government;\nother persons prescribed by regulation.\nThe chief executive may appoint a person as an authorised officer only if—\nin the chief executive’s opinion, the person has the necessary experience or expertise to be an authorised officer; or\nthe person has satisfactorily finished training approved by the chief executive.\nIf the person is a member or employee of a local government, the chief executive must not make the appointment without the agreement of the local government’s chief executive officer.\nThe chief executive may restrict an authorised person’s powers by written notice given to the person.\ns 72 amd 2013 No. 19 s 120 sch 1\n(sec.72-ssec.1) The chief executive may appoint any of the following persons as authorised officers— officers and employees of the public service; employees of a government owned corporation; employees of a rail government entity under the Transport Infrastructure Act 1994 ; members or employees of a local government; other persons prescribed by regulation.\n(sec.72-ssec.2) The chief executive may appoint a person as an authorised officer only if— in the chief executive’s opinion, the person has the necessary experience or expertise to be an authorised officer; or the person has satisfactorily finished training approved by the chief executive.\n(sec.72-ssec.3) If the person is a member or employee of a local government, the chief executive must not make the appointment without the agreement of the local government’s chief executive officer.\n(sec.72-ssec.4) The chief executive may restrict an authorised person’s powers by written notice given to the person.\n- (a) officers and employees of the public service;\n- (b) employees of a government owned corporation;\n- (c) employees of a rail government entity under the Transport Infrastructure Act 1994 ;\n- (d) members or employees of a local government;\n- (e) other persons prescribed by regulation.\n- (a) in the chief executive’s opinion, the person has the necessary experience or expertise to be an authorised officer; or\n- (b) the person has satisfactorily finished training approved by the chief executive.","sortOrder":86},{"sectionNumber":"sec.73","sectionType":"section","heading":"Limitation of authorised officer’s powers","content":"### sec.73 Limitation of authorised officer’s powers\n\nThe powers of an authorised officer may be limited—\nunder a regulation; or\nunder a condition of appointment; or\nby written notice of the chief executive given to the authorised officer.\n- (a) under a regulation; or\n- (b) under a condition of appointment; or\n- (c) by written notice of the chief executive given to the authorised officer.","sortOrder":87},{"sectionNumber":"sec.74","sectionType":"section","heading":"Authorised officer’s conditions of appointment","content":"### sec.74 Authorised officer’s conditions of appointment\n\nAn authorised officer holds office on the conditions specified in the instrument of appointment.\nAn authorised officer—\nif the appointment provides for a term of appointment—ceases holding office at the end of the term; and\nmay resign by signed notice of resignation given to the chief executive; and\nif the conditions of appointment provide—ceases holding office as an authorised officer on ceasing to hold another office stated in the conditions of appointment.\nIn this section—\nauthorised officer means a person appointed as an authorised officer.\n(sec.74-ssec.1) An authorised officer holds office on the conditions specified in the instrument of appointment.\n(sec.74-ssec.2) An authorised officer— if the appointment provides for a term of appointment—ceases holding office at the end of the term; and may resign by signed notice of resignation given to the chief executive; and if the conditions of appointment provide—ceases holding office as an authorised officer on ceasing to hold another office stated in the conditions of appointment.\n(sec.74-ssec.3) In this section— authorised officer means a person appointed as an authorised officer.\n- (a) if the appointment provides for a term of appointment—ceases holding office at the end of the term; and\n- (b) may resign by signed notice of resignation given to the chief executive; and\n- (c) if the conditions of appointment provide—ceases holding office as an authorised officer on ceasing to hold another office stated in the conditions of appointment.","sortOrder":88},{"sectionNumber":"sec.75","sectionType":"section","heading":"Authorised officer’s identity card","content":"### sec.75 Authorised officer’s identity card\n\nThe chief executive must give each authorised officer an identity card.\nThe identity card must—\ncontain a recent photograph of the authorised officer; and\nbe signed by the authorised officer; and\nidentify the person as an authorised officer under this Act.\nA person who ceases to be an authorised officer must, as soon as practicable, but within 21 days after ceasing to hold the office, return the identity card to the chief executive, unless the person has a reasonable excuse for not returning it.\nMaximum penalty—20 penalty units.\nThis section does not apply to an officer of another department or an employee of a government owned corporation who holds an identity card issued by that department or corporation.\nNothing in this section prevents the issue of a single identity card to a person for this and other Acts.\n(sec.75-ssec.1) The chief executive must give each authorised officer an identity card.\n(sec.75-ssec.2) The identity card must— contain a recent photograph of the authorised officer; and be signed by the authorised officer; and identify the person as an authorised officer under this Act.\n(sec.75-ssec.3) A person who ceases to be an authorised officer must, as soon as practicable, but within 21 days after ceasing to hold the office, return the identity card to the chief executive, unless the person has a reasonable excuse for not returning it. Maximum penalty—20 penalty units.\n(sec.75-ssec.4) This section does not apply to an officer of another department or an employee of a government owned corporation who holds an identity card issued by that department or corporation.\n(sec.75-ssec.5) Nothing in this section prevents the issue of a single identity card to a person for this and other Acts.\n- (a) contain a recent photograph of the authorised officer; and\n- (b) be signed by the authorised officer; and\n- (c) identify the person as an authorised officer under this Act.","sortOrder":89},{"sectionNumber":"sec.76","sectionType":"section","heading":"Production or display of authorised officer’s identity card","content":"### sec.76 Production or display of authorised officer’s identity card\n\nAn authorised officer may exercise a power in relation to someone else only if the officer—\nfirst produces his or her identity card for the other person’s inspection; or\nhas his or her identity card displayed so that it is clearly visible to the person.\nHowever, if, for any reason, it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.76-ssec.1) An authorised officer may exercise a power in relation to someone else only if the officer— first produces his or her identity card for the other person’s inspection; or has his or her identity card displayed so that it is clearly visible to the person.\n(sec.76-ssec.2) However, if, for any reason, it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) first produces his or her identity card for the other person’s inspection; or\n- (b) has his or her identity card displayed so that it is clearly visible to the person.","sortOrder":90},{"sectionNumber":"sec.77","sectionType":"section","heading":"Powers of authorised officer","content":"### sec.77 Powers of authorised officer\n\nAn authorised officer has the powers given under this or another Act.\nA regulation may limit the powers of authorised officers.\n(sec.77-ssec.1) An authorised officer has the powers given under this or another Act.\n(sec.77-ssec.2) A regulation may limit the powers of authorised officers.","sortOrder":91},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"General powers of authorised officer","content":"## General powers of authorised officer","sortOrder":92},{"sectionNumber":"sec.78","sectionType":"section","heading":"Dealing with person contravening Act","content":"### sec.78 Dealing with person contravening Act\n\nIf an authorised officer believes on reasonable grounds a person is contravening or has just contravened a provision of this Act, the officer may direct the person—\nto leave the land within a stated reasonable time; or\nif the officer believes on reasonable grounds the contravention is serious—to leave the land immediately;\nand not to re-enter the land for a stated reasonable period of not more than 7 days.\nThe person must comply with a direction given to the person under subsection (1) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—50 penalty units.\nSubsection (1) (b) does not apply to the owner of the land.\nA permit held by a person who is directed to leave land under this section is cancelled by force of this subsection when the person is required to have left the land.\n(sec.78-ssec.1) If an authorised officer believes on reasonable grounds a person is contravening or has just contravened a provision of this Act, the officer may direct the person— to leave the land within a stated reasonable time; or if the officer believes on reasonable grounds the contravention is serious—to leave the land immediately; and not to re-enter the land for a stated reasonable period of not more than 7 days.\n(sec.78-ssec.2) The person must comply with a direction given to the person under subsection (1) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—50 penalty units.\n(sec.78-ssec.3) Subsection (1) (b) does not apply to the owner of the land.\n(sec.78-ssec.4) A permit held by a person who is directed to leave land under this section is cancelled by force of this subsection when the person is required to have left the land.\n- (a) to leave the land within a stated reasonable time; or\n- (b) if the officer believes on reasonable grounds the contravention is serious—to leave the land immediately;","sortOrder":93},{"sectionNumber":"sec.79","sectionType":"section","heading":"Safety of fossicking sites","content":"### sec.79 Safety of fossicking sites\n\nAn authorised officer or an inspector under the Mining and Quarrying Safety and Health Act 1999 may direct a person fossicking under a licence to take stated reasonable steps within a stated reasonable time to make land used by the person safe.\nThe person must comply with a direction given to the person under subsection (1) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—20 penalty units.\ns 79 amd 1999 No. 40 s 274 sch 1\n(sec.79-ssec.1) An authorised officer or an inspector under the Mining and Quarrying Safety and Health Act 1999 may direct a person fossicking under a licence to take stated reasonable steps within a stated reasonable time to make land used by the person safe.\n(sec.79-ssec.2) The person must comply with a direction given to the person under subsection (1) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units.","sortOrder":94},{"sectionNumber":"sec.80","sectionType":"section","heading":"Authorised officer may restrict activities","content":"### sec.80 Authorised officer may restrict activities\n\nAn authorised officer may prohibit fossicking, camping or the use of fire on designated fossicking land or a fossicking area for a stated period by notice displayed on the land if the officer considers it necessary or desirable—\nfor safety or hygiene reasons; or\nto allow land to be rehabilitated; or\nto prevent inconvenience to anyone on the land.\nthere may be too many people fossicking on the land\nthe owner may want to muster stock on the land\nA person must comply with a notice displayed under subsection (1) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—20 penalty units.\n(sec.80-ssec.1) An authorised officer may prohibit fossicking, camping or the use of fire on designated fossicking land or a fossicking area for a stated period by notice displayed on the land if the officer considers it necessary or desirable— for safety or hygiene reasons; or to allow land to be rehabilitated; or to prevent inconvenience to anyone on the land. there may be too many people fossicking on the land the owner may want to muster stock on the land\n(sec.80-ssec.2) A person must comply with a notice displayed under subsection (1) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units.\n- (a) for safety or hygiene reasons; or\n- (b) to allow land to be rehabilitated; or\n- (c) to prevent inconvenience to anyone on the land. Examples of paragraph (c) — 1 there may be too many people fossicking on the land 2 the owner may want to muster stock on the land\n- 1 there may be too many people fossicking on the land\n- 2 the owner may want to muster stock on the land\n- 1 there may be too many people fossicking on the land\n- 2 the owner may want to muster stock on the land","sortOrder":95},{"sectionNumber":"sec.81","sectionType":"section","heading":"Production of licence or permit","content":"### sec.81 Production of licence or permit\n\nAn authorised officer may ask a person apparently fossicking under a licence or camping on regulated camping land to produce the person’s licence or permit immediately for inspection.\nThe person must produce the licence or permit, unless the person has a reasonable excuse for not producing it.\nMaximum penalty—5 penalty units.\n(sec.81-ssec.1) An authorised officer may ask a person apparently fossicking under a licence or camping on regulated camping land to produce the person’s licence or permit immediately for inspection.\n(sec.81-ssec.2) The person must produce the licence or permit, unless the person has a reasonable excuse for not producing it. Maximum penalty—5 penalty units.","sortOrder":96},{"sectionNumber":"sec.82","sectionType":"section","heading":"Entry of place","content":"### sec.82 Entry of place\n\nAn authorised officer or an inspector under the Mining and Quarrying Safety and Health Act 1999 may enter a place if—\nit is designated fossicking land or a fossicking area and the land entered is not part of a living area; or\na general permission to fossick or camp on the land is in force and the land entered is not part of a living area; or\nits occupier consents to the entry or the purpose of the entry is to get the occupier’s consent; or\nit is a public place and the entry is made when it is open to the public; or\nit is—\nnot within a city or town under the Local Government Act 2009 and is used for rural purposes; or\ntown land used for rural purposes or an extractive industry; or\nvacant town land;\nand, in all the circumstances, it is not reasonably practicable to obtain the consent of the owner of the place; or\nthe entry is authorised by a warrant.\ns 82 amd 1999 No. 40 s 274 sch 1 ; 2009 No. 17 s 331 sch 1\n- (a) it is designated fossicking land or a fossicking area and the land entered is not part of a living area; or\n- (b) a general permission to fossick or camp on the land is in force and the land entered is not part of a living area; or\n- (c) its occupier consents to the entry or the purpose of the entry is to get the occupier’s consent; or\n- (d) it is a public place and the entry is made when it is open to the public; or\n- (e) it is— (i) not within a city or town under the Local Government Act 2009 and is used for rural purposes; or (ii) town land used for rural purposes or an extractive industry; or (iii) vacant town land; and, in all the circumstances, it is not reasonably practicable to obtain the consent of the owner of the place; or\n- (i) not within a city or town under the Local Government Act 2009 and is used for rural purposes; or\n- (ii) town land used for rural purposes or an extractive industry; or\n- (iii) vacant town land;\n- (f) the entry is authorised by a warrant.\n- (i) not within a city or town under the Local Government Act 2009 and is used for rural purposes; or\n- (ii) town land used for rural purposes or an extractive industry; or\n- (iii) vacant town land;","sortOrder":97},{"sectionNumber":"sec.83","sectionType":"section","heading":"Warrants","content":"### sec.83 Warrants\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nAn application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing (the evidence ) that may provide evidence of the commission of an offence against this Act; and\nthe evidence is, or may be within the next 7 days, at the place.\nThe warrant must state—\nthat the authorised officer may, with necessary and reasonable help and force, enter the place or vehicle and exercise the authorised officer’s powers under this Act; and\nthe evidence for which the warrant is issued; and\nthe hours of the day when entry may be made; and\nthe day (within 14 days after the warrant’s issue) when the warrant ends.\n(sec.83-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.83-ssec.2) An application must be sworn and state the grounds on which the warrant is sought.\n(sec.83-ssec.3) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.83-ssec.4) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing (the evidence ) that may provide evidence of the commission of an offence against this Act; and the evidence is, or may be within the next 7 days, at the place.\n(sec.83-ssec.5) The warrant must state— that the authorised officer may, with necessary and reasonable help and force, enter the place or vehicle and exercise the authorised officer’s powers under this Act; and the evidence for which the warrant is issued; and the hours of the day when entry may be made; and the day (within 14 days after the warrant’s issue) when the warrant ends.\n- (a) there is a particular thing (the evidence ) that may provide evidence of the commission of an offence against this Act; and\n- (b) the evidence is, or may be within the next 7 days, at the place.\n- (a) that the authorised officer may, with necessary and reasonable help and force, enter the place or vehicle and exercise the authorised officer’s powers under this Act; and\n- (b) the evidence for which the warrant is issued; and\n- (c) the hours of the day when entry may be made; and\n- (d) the day (within 14 days after the warrant’s issue) when the warrant ends.","sortOrder":98},{"sectionNumber":"sec.84","sectionType":"section","heading":"Warrants—applications made other than in person","content":"### sec.84 Warrants—applications made other than in person\n\nAn authorised officer may apply for a warrant by phone, fax, radio or another form of communication if the officer considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised officer’s remote location.\nBefore applying for the warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.\nThe authorised officer may apply for the warrant before the application is sworn.\nAfter issuing the warrant, the magistrate must immediately fax a copy to the authorised officer if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy of the warrant to the authorised officer—\nthe magistrate must—\ntell the authorised officer what the terms of the warrant are; and\ntell the authorised officer the date and time the warrant was signed; and\nrecord on the warrant the reasons for issuing the warrant; and\nthe authorised officer must—\ncomplete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and\nwrite on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant.\nThe facsimile warrant, or the warrant form properly completed by the authorised officer, is authority for the entry and the exercise of the other powers authorised by the warrant issued by the magistrate.\nThe authorised officer must send to the magistrate—\nthe sworn application; and\nif a warrant form was completed by the officer—the completed warrant form.\nThe sworn application form and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity.\nWhen the magistrate receives the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate.\nIf—\nin a proceeding a question arises whether the exercise of a power was authorised by a warrant issued under this section; and\nthe warrant is not produced in evidence;\nthe court must presume the exercise of a power was not authorised by a warrant unless the contrary is proved.\n(sec.84-ssec.1) An authorised officer may apply for a warrant by phone, fax, radio or another form of communication if the officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location.\n(sec.84-ssec.2) Before applying for the warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.\n(sec.84-ssec.3) The authorised officer may apply for the warrant before the application is sworn.\n(sec.84-ssec.4) After issuing the warrant, the magistrate must immediately fax a copy to the authorised officer if it is reasonably practicable to fax the copy.\n(sec.84-ssec.5) If it is not reasonably practicable to fax a copy of the warrant to the authorised officer— the magistrate must— tell the authorised officer what the terms of the warrant are; and tell the authorised officer the date and time the warrant was signed; and record on the warrant the reasons for issuing the warrant; and the authorised officer must— complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant.\n(sec.84-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised officer, is authority for the entry and the exercise of the other powers authorised by the warrant issued by the magistrate.\n(sec.84-ssec.7) The authorised officer must send to the magistrate— the sworn application; and if a warrant form was completed by the officer—the completed warrant form.\n(sec.84-ssec.8) The sworn application form and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity.\n(sec.84-ssec.9) When the magistrate receives the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate.\n(sec.84-ssec.10) If— in a proceeding a question arises whether the exercise of a power was authorised by a warrant issued under this section; and the warrant is not produced in evidence; the court must presume the exercise of a power was not authorised by a warrant unless the contrary is proved.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised officer’s remote location.\n- (a) the magistrate must— (i) tell the authorised officer what the terms of the warrant are; and (ii) tell the authorised officer the date and time the warrant was signed; and (iii) record on the warrant the reasons for issuing the warrant; and\n- (i) tell the authorised officer what the terms of the warrant are; and\n- (ii) tell the authorised officer the date and time the warrant was signed; and\n- (iii) record on the warrant the reasons for issuing the warrant; and\n- (b) the authorised officer must— (i) complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant.\n- (i) complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and\n- (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant.\n- (i) tell the authorised officer what the terms of the warrant are; and\n- (ii) tell the authorised officer the date and time the warrant was signed; and\n- (iii) record on the warrant the reasons for issuing the warrant; and\n- (i) complete a form of warrant ( warrant form ) in the same terms as the warrant issued by the magistrate; and\n- (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant.\n- (a) the sworn application; and\n- (b) if a warrant form was completed by the officer—the completed warrant form.\n- (a) in a proceeding a question arises whether the exercise of a power was authorised by a warrant issued under this section; and\n- (b) the warrant is not produced in evidence;","sortOrder":99},{"sectionNumber":"sec.85","sectionType":"section","heading":"Entry of vehicles","content":"### sec.85 Entry of vehicles\n\nAn authorised officer may enter a vehicle if the authorised officer has reasonable grounds for suspecting—\nthe vehicle is being, or has been, used in the commission of an offence against 1 of the following provisions—\nsection 36\nsection 37\nsection 38\nsection 55\nsection 91 (3) ; or\nthe vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against a provision mentioned in paragraph (a) .\nIf the vehicle is moving or about to move, the authorised officer may signal the person in control of the vehicle to stop the vehicle or not to move it.\nTo enable the vehicle to be entered, the authorised officer may—\nact with necessary and reasonable help and force; and\nrequire the person in control of the vehicle to give reasonable help to the officer.\nA person must obey a signal under subsection (2) , unless the person has a reasonable excuse for not obeying it.\nMaximum penalty—20 penalty units.\nA person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—20 penalty units.\nIt is a reasonable excuse for a person to disobey a signal under subsection (2) if—\nthe person reasonably believes that to obey the signal immediately would have endangered the person or someone else, or the vehicle; and\nthe person obeys the signal as soon as it is practicable to obey it.\ns 85 amd 2004 No. 4 s 57 sch\n(sec.85-ssec.1) An authorised officer may enter a vehicle if the authorised officer has reasonable grounds for suspecting— the vehicle is being, or has been, used in the commission of an offence against 1 of the following provisions— section 36 section 37 section 38 section 55 section 91 (3) ; or the vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against a provision mentioned in paragraph (a) .\n(sec.85-ssec.2) If the vehicle is moving or about to move, the authorised officer may signal the person in control of the vehicle to stop the vehicle or not to move it.\n(sec.85-ssec.3) To enable the vehicle to be entered, the authorised officer may— act with necessary and reasonable help and force; and require the person in control of the vehicle to give reasonable help to the officer.\n(sec.85-ssec.4) A person must obey a signal under subsection (2) , unless the person has a reasonable excuse for not obeying it. Maximum penalty—20 penalty units.\n(sec.85-ssec.5) A person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units.\n(sec.85-ssec.6) It is a reasonable excuse for a person to disobey a signal under subsection (2) if— the person reasonably believes that to obey the signal immediately would have endangered the person or someone else, or the vehicle; and the person obeys the signal as soon as it is practicable to obey it.\n- (a) the vehicle is being, or has been, used in the commission of an offence against 1 of the following provisions— • section 36 • section 37 • section 38 • section 55 • section 91 (3) ; or\n- • section 36\n- • section 37\n- • section 38\n- • section 55\n- • section 91 (3) ; or\n- (b) the vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against a provision mentioned in paragraph (a) .\n- • section 36\n- • section 37\n- • section 38\n- • section 55\n- • section 91 (3) ; or\n- (a) act with necessary and reasonable help and force; and\n- (b) require the person in control of the vehicle to give reasonable help to the officer.\n- (a) the person reasonably believes that to obey the signal immediately would have endangered the person or someone else, or the vehicle; and\n- (b) the person obeys the signal as soon as it is practicable to obey it.","sortOrder":100},{"sectionNumber":"sec.86","sectionType":"section","heading":"General powers in relation to places and vehicles","content":"### sec.86 General powers in relation to places and vehicles\n\nAn authorised officer who enters a place or vehicle under this part may—\nsearch any part of the place or vehicle; or\nexamine, inspect, test, photograph or film anything in or on the place or vehicle; or\ntake samples of or from anything in or on the place or vehicle; or\ntake extracts from, or make copies of, a document in or on the place or vehicle; or\ntake into or onto the place or vehicle any persons, equipment and materials the authorised officer reasonably requires for exercising a power under this Act; or\nrequire the occupier of the place, or a person in or on the place or vehicle, to give the authorised officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e) ; or\nif the authorised officer enters a vehicle—by written notice given to the person in control of the vehicle, require the person—\nto take the vehicle to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of the vehicle at the place for a reasonable time;\nto enable the officer to exercise the powers mentioned in paragraphs (a) to (e) ; or\nif the authorised officer enters a vehicle—require the person in charge of the vehicle to accompany the authorised officer to enable the authorised officer to comply with subsection (8) .\nIf the entry is made to a place other than under a warrant, the authorised officer may exercise the power mentioned in subsection (1) (a) only if the occupier consents to the exercise of the power.\nA person who is required by an authorised officer under subsection (1) (f) to give the officer reasonable help for the exercise of a power must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—20 penalty units.\nIf the help is required to be given to a person by—\nanswering a question; or\nproducing a document (other than a licence or permit);\nit is a reasonable excuse for the person to fail to answer the question, or produce the document, if complying with the requirement might tend to incriminate the person.\nA person who is required by an authorised officer under subsection (1) (g) to take action in relation to a vehicle must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—20 penalty units.\nIf, for any reason, it is not practicable to make a requirement under subsection (1) (g) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.\nNothing in this section prevents an authorised officer making a further requirement under subsection (1) (g) of the same person or another person in relation to the same vehicle, if it is necessary and reasonable to make the requirement.\nThe authorised officer must not enter a part of a vehicle used only as a living area, or exercise a power under subsection (1) (a) to (d) in relation to that part, unless the authorised officer is accompanied by the person in control of the vehicle.\nSubsection (8) does not apply if the person in control of the vehicle is unavailable or unwilling to accompany the authorised officer or the authorised officer is unable for another reason to comply with the subsection.\nThis section does not apply to an authorised officer who enters a place to get the occupier’s consent unless the consent is given or the entry is otherwise authorised.\n(sec.86-ssec.1) An authorised officer who enters a place or vehicle under this part may— search any part of the place or vehicle; or examine, inspect, test, photograph or film anything in or on the place or vehicle; or take samples of or from anything in or on the place or vehicle; or take extracts from, or make copies of, a document in or on the place or vehicle; or take into or onto the place or vehicle any persons, equipment and materials the authorised officer reasonably requires for exercising a power under this Act; or require the occupier of the place, or a person in or on the place or vehicle, to give the authorised officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e) ; or if the authorised officer enters a vehicle—by written notice given to the person in control of the vehicle, require the person— to take the vehicle to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of the vehicle at the place for a reasonable time; to enable the officer to exercise the powers mentioned in paragraphs (a) to (e) ; or if the authorised officer enters a vehicle—require the person in charge of the vehicle to accompany the authorised officer to enable the authorised officer to comply with subsection (8) .\n(sec.86-ssec.2) If the entry is made to a place other than under a warrant, the authorised officer may exercise the power mentioned in subsection (1) (a) only if the occupier consents to the exercise of the power.\n(sec.86-ssec.3) A person who is required by an authorised officer under subsection (1) (f) to give the officer reasonable help for the exercise of a power must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units.\n(sec.86-ssec.4) If the help is required to be given to a person by— answering a question; or producing a document (other than a licence or permit); it is a reasonable excuse for the person to fail to answer the question, or produce the document, if complying with the requirement might tend to incriminate the person.\n(sec.86-ssec.5) A person who is required by an authorised officer under subsection (1) (g) to take action in relation to a vehicle must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units.\n(sec.86-ssec.6) If, for any reason, it is not practicable to make a requirement under subsection (1) (g) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.\n(sec.86-ssec.7) Nothing in this section prevents an authorised officer making a further requirement under subsection (1) (g) of the same person or another person in relation to the same vehicle, if it is necessary and reasonable to make the requirement.\n(sec.86-ssec.8) The authorised officer must not enter a part of a vehicle used only as a living area, or exercise a power under subsection (1) (a) to (d) in relation to that part, unless the authorised officer is accompanied by the person in control of the vehicle.\n(sec.86-ssec.9) Subsection (8) does not apply if the person in control of the vehicle is unavailable or unwilling to accompany the authorised officer or the authorised officer is unable for another reason to comply with the subsection.\n(sec.86-ssec.10) This section does not apply to an authorised officer who enters a place to get the occupier’s consent unless the consent is given or the entry is otherwise authorised.\n- (a) search any part of the place or vehicle; or\n- (b) examine, inspect, test, photograph or film anything in or on the place or vehicle; or\n- (c) take samples of or from anything in or on the place or vehicle; or\n- (d) take extracts from, or make copies of, a document in or on the place or vehicle; or\n- (e) take into or onto the place or vehicle any persons, equipment and materials the authorised officer reasonably requires for exercising a power under this Act; or\n- (f) require the occupier of the place, or a person in or on the place or vehicle, to give the authorised officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e) ; or\n- (g) if the authorised officer enters a vehicle—by written notice given to the person in control of the vehicle, require the person— (i) to take the vehicle to a stated reasonable place by a stated reasonable time; and (ii) if necessary, to remain in control of the vehicle at the place for a reasonable time; to enable the officer to exercise the powers mentioned in paragraphs (a) to (e) ; or\n- (i) to take the vehicle to a stated reasonable place by a stated reasonable time; and\n- (ii) if necessary, to remain in control of the vehicle at the place for a reasonable time;\n- (h) if the authorised officer enters a vehicle—require the person in charge of the vehicle to accompany the authorised officer to enable the authorised officer to comply with subsection (8) .\n- (i) to take the vehicle to a stated reasonable place by a stated reasonable time; and\n- (ii) if necessary, to remain in control of the vehicle at the place for a reasonable time;\n- (a) answering a question; or\n- (b) producing a document (other than a licence or permit);","sortOrder":101},{"sectionNumber":"sec.87","sectionType":"section","heading":"Power to seize evidence","content":"### sec.87 Power to seize evidence\n\nAn authorised officer who enters a place under this part under a warrant may seize the evidence for which the warrant was issued.\nAn authorised officer who enters a place under this part with the occupier’s consent may seize the particular thing for which the entry was made if the officer believes on reasonable grounds that the thing is evidence of an offence against this Act.\nAn authorised officer who enters a place under this part under a warrant, or with the occupier’s consent, may also seize anything else if the officer believes on reasonable grounds—\nthe thing is evidence of the commission of an offence against this Act; and\nthe seizure is necessary to prevent—\nthe concealment, loss or destruction of the thing; or\nthe use of the thing in committing, continuing or repeating the offence.\nAn authorised officer who enters a place under this part other than under a warrant or with the occupier’s consent, may seize a thing if the officer believes on reasonable grounds—\nthe thing is evidence of the commission of an offence against this Act; and\nthe seizure is necessary to prevent—\nthe concealment, loss or destruction of the thing; or\nthe use of the thing in committing, continuing or repeating the offence.\n(sec.87-ssec.1) An authorised officer who enters a place under this part under a warrant may seize the evidence for which the warrant was issued.\n(sec.87-ssec.2) An authorised officer who enters a place under this part with the occupier’s consent may seize the particular thing for which the entry was made if the officer believes on reasonable grounds that the thing is evidence of an offence against this Act.\n(sec.87-ssec.3) An authorised officer who enters a place under this part under a warrant, or with the occupier’s consent, may also seize anything else if the officer believes on reasonable grounds— the thing is evidence of the commission of an offence against this Act; and the seizure is necessary to prevent— the concealment, loss or destruction of the thing; or the use of the thing in committing, continuing or repeating the offence.\n(sec.87-ssec.4) An authorised officer who enters a place under this part other than under a warrant or with the occupier’s consent, may seize a thing if the officer believes on reasonable grounds— the thing is evidence of the commission of an offence against this Act; and the seizure is necessary to prevent— the concealment, loss or destruction of the thing; or the use of the thing in committing, continuing or repeating the offence.\n- (a) the thing is evidence of the commission of an offence against this Act; and\n- (b) the seizure is necessary to prevent— (i) the concealment, loss or destruction of the thing; or (ii) the use of the thing in committing, continuing or repeating the offence.\n- (i) the concealment, loss or destruction of the thing; or\n- (ii) the use of the thing in committing, continuing or repeating the offence.\n- (i) the concealment, loss or destruction of the thing; or\n- (ii) the use of the thing in committing, continuing or repeating the offence.\n- (a) the thing is evidence of the commission of an offence against this Act; and\n- (b) the seizure is necessary to prevent— (i) the concealment, loss or destruction of the thing; or (ii) the use of the thing in committing, continuing or repeating the offence.\n- (i) the concealment, loss or destruction of the thing; or\n- (ii) the use of the thing in committing, continuing or repeating the offence.\n- (i) the concealment, loss or destruction of the thing; or\n- (ii) the use of the thing in committing, continuing or repeating the offence.","sortOrder":102},{"sectionNumber":"sec.88","sectionType":"section","heading":"Power to seize evidence after entering a vehicle","content":"### sec.88 Power to seize evidence after entering a vehicle\n\nAn authorised officer who enters a vehicle under a warrant under this part may seize—\na thing in or on the vehicle; or\nthe vehicle itself;\nif the authorised officer believes, on reasonable grounds, the thing or vehicle is evidence of the commission of an offence against 1 of the following provisions—\nfor a vehicle—\nsection 36\nsection 37\nsection 38\nsection 55 ; or\nfor a thing—\na provision mentioned in paragraph (c)\nsection 91 (3) .\ns 88 amd 2004 No. 4 s 57 sch\n- (a) a thing in or on the vehicle; or\n- (b) the vehicle itself;\n- (c) for a vehicle— • section 36 • section 37 • section 38 • section 55 ; or\n- • section 36\n- • section 37\n- • section 38\n- • section 55 ; or\n- (d) for a thing— • a provision mentioned in paragraph (c) • section 91 (3) .\n- • a provision mentioned in paragraph (c)\n- • section 91 (3) .\n- • section 36\n- • section 37\n- • section 38\n- • section 55 ; or\n- • a provision mentioned in paragraph (c)\n- • section 91 (3) .","sortOrder":103},{"sectionNumber":"sec.89","sectionType":"section","heading":"Procedure after thing seized","content":"### sec.89 Procedure after thing seized\n\nAs soon as possible after a thing is seized by an authorised officer under this part, the authorised officer must give a receipt for it to the person from whom it was seized.\nThe receipt must describe generally each thing seized and its condition.\nIf, for any reason, it is not practicable to comply with subsection (1) , the authorised officer must—\nleave the receipt where the thing was seized; and\nensure the receipt is left in a reasonably secure way and in a conspicuous position.\nThe authorised officer must return the thing seized to the person at the end of—\n6 months; or\nif a prosecution for an offence involving the thing is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.\nDespite subsection (4) , the authorised officer must return the seized thing to the person immediately the authorised officer stops being satisfied its retention is necessary.\nHowever, the authorised officer may keep the seized thing if the authorised officer believes, on reasonable grounds, that its continued retention is necessary to prevent its use in committing an offence against this Act.\n(sec.89-ssec.1) As soon as possible after a thing is seized by an authorised officer under this part, the authorised officer must give a receipt for it to the person from whom it was seized.\n(sec.89-ssec.2) The receipt must describe generally each thing seized and its condition.\n(sec.89-ssec.3) If, for any reason, it is not practicable to comply with subsection (1) , the authorised officer must— leave the receipt where the thing was seized; and ensure the receipt is left in a reasonably secure way and in a conspicuous position.\n(sec.89-ssec.4) The authorised officer must return the thing seized to the person at the end of— 6 months; or if a prosecution for an offence involving the thing is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.\n(sec.89-ssec.5) Despite subsection (4) , the authorised officer must return the seized thing to the person immediately the authorised officer stops being satisfied its retention is necessary.\n(sec.89-ssec.6) However, the authorised officer may keep the seized thing if the authorised officer believes, on reasonable grounds, that its continued retention is necessary to prevent its use in committing an offence against this Act.\n- (a) leave the receipt where the thing was seized; and\n- (b) ensure the receipt is left in a reasonably secure way and in a conspicuous position.\n- (a) 6 months; or\n- (b) if a prosecution for an offence involving the thing is started within the 6 months—the prosecution for the offence and any appeal from the prosecution.","sortOrder":104},{"sectionNumber":"sec.90","sectionType":"section","heading":"Power to require name and address","content":"### sec.90 Power to require name and address\n\nAn authorised officer may require a person to state the person’s name and address if the officer—\nfinds the person committing an offence against this Act; or\nfinds the person in circumstances that lead, or has information that leads, the authorised officer to suspect on reasonable grounds that the person just committed an offence against this Act; or\nhas information that leads the authorised officer to suspect, on reasonable grounds, that a person has just committed an offence against this Act.\nWhen making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.\nThe authorised officer may require the person to give evidence of the correctness of the person’s name or address if the officer suspects, on reasonable grounds, that the stated name or address is false.\nA person must comply with a requirement under subsection (1) or (3) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—20 penalty units.\nThe person does not commit an offence against this section if—\nthe authorised officer required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and\nthe person is not proved to have committed the offence.\n(sec.90-ssec.1) An authorised officer may require a person to state the person’s name and address if the officer— finds the person committing an offence against this Act; or finds the person in circumstances that lead, or has information that leads, the authorised officer to suspect on reasonable grounds that the person just committed an offence against this Act; or has information that leads the authorised officer to suspect, on reasonable grounds, that a person has just committed an offence against this Act.\n(sec.90-ssec.2) When making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.\n(sec.90-ssec.3) The authorised officer may require the person to give evidence of the correctness of the person’s name or address if the officer suspects, on reasonable grounds, that the stated name or address is false.\n(sec.90-ssec.4) A person must comply with a requirement under subsection (1) or (3) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units.\n(sec.90-ssec.5) The person does not commit an offence against this section if— the authorised officer required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) finds the person committing an offence against this Act; or\n- (b) finds the person in circumstances that lead, or has information that leads, the authorised officer to suspect on reasonable grounds that the person just committed an offence against this Act; or\n- (c) has information that leads the authorised officer to suspect, on reasonable grounds, that a person has just committed an offence against this Act.\n- (a) the authorised officer required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":105},{"sectionNumber":"sec.91","sectionType":"section","heading":"Power to seize weapons etc.","content":"### sec.91 Power to seize weapons etc.\n\nThis section applies if a person brings a weapon or explosive onto designated fossicking land or a fossicking area.\nAn authorised officer may require a person using, about to use, or in possession of a weapon or explosive on designated fossicking land or a fossicking area—\nto remove the weapon or explosive from the land or area; or\nto surrender the weapon or explosive to the officer.\nA person must not contravene a requirement under subsection (2) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—20 penalty units.\nIf the person surrenders the weapon or explosive to the authorised officer, the authorised officer must—\nnotify a police officer of the surrender to the authorised officer of the weapon or explosive; and\neither—\nkeep the weapon or explosive until the owner of the weapon or explosive leaves the land or area; or\nif required by the police officer, give it to the police officer to be dealt with under the Police Powers and Responsibilities Act 2000 .\nAn authorised officer does not, by merely keeping a weapon or explosive under this section, contravene the Weapons Act 1990 .\ns 91 amd 2000 No. 5 s 373 sch 3\n(sec.91-ssec.1) This section applies if a person brings a weapon or explosive onto designated fossicking land or a fossicking area.\n(sec.91-ssec.2) An authorised officer may require a person using, about to use, or in possession of a weapon or explosive on designated fossicking land or a fossicking area— to remove the weapon or explosive from the land or area; or to surrender the weapon or explosive to the officer.\n(sec.91-ssec.3) A person must not contravene a requirement under subsection (2) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units.\n(sec.91-ssec.4) If the person surrenders the weapon or explosive to the authorised officer, the authorised officer must— notify a police officer of the surrender to the authorised officer of the weapon or explosive; and either— keep the weapon or explosive until the owner of the weapon or explosive leaves the land or area; or if required by the police officer, give it to the police officer to be dealt with under the Police Powers and Responsibilities Act 2000 .\n(sec.91-ssec.5) An authorised officer does not, by merely keeping a weapon or explosive under this section, contravene the Weapons Act 1990 .\n- (a) to remove the weapon or explosive from the land or area; or\n- (b) to surrender the weapon or explosive to the officer.\n- (a) notify a police officer of the surrender to the authorised officer of the weapon or explosive; and\n- (b) either— (i) keep the weapon or explosive until the owner of the weapon or explosive leaves the land or area; or (ii) if required by the police officer, give it to the police officer to be dealt with under the Police Powers and Responsibilities Act 2000 .\n- (i) keep the weapon or explosive until the owner of the weapon or explosive leaves the land or area; or\n- (ii) if required by the police officer, give it to the police officer to be dealt with under the Police Powers and Responsibilities Act 2000 .\n- (i) keep the weapon or explosive until the owner of the weapon or explosive leaves the land or area; or\n- (ii) if required by the police officer, give it to the police officer to be dealt with under the Police Powers and Responsibilities Act 2000 .","sortOrder":106},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":107},{"sectionNumber":"sec.92","sectionType":"section","heading":"Obstruction of authorised officer","content":"### sec.92 Obstruction of authorised officer\n\nA person must not obstruct an authorised officer, or a person helping an authorised officer, in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":108},{"sectionNumber":"sec.93","sectionType":"section","heading":"Re-entering land after direction to leave","content":"### sec.93 Re-entering land after direction to leave\n\nA person given a direction under section 78 to leave land where the person is fossicking must not re-enter the land—\nwithin the period stated in the direction; and\nafter the end of the period without the owner’s permission;\nunless the person has a reasonable excuse for the re-entry.\nMaximum penalty—20 penalty units.\ns 93 amd 2004 No. 4 s 57 sch\n- (a) within the period stated in the direction; and\n- (b) after the end of the period without the owner’s permission;","sortOrder":109},{"sectionNumber":"sec.94","sectionType":"section","heading":"Proceedings for offences","content":"### sec.94 Proceedings for offences\n\nA proceeding for an offence against this Act may be instituted in a summary way under the Justices Act 1886 .\ns 94 sub 1999 No. 7 s 87 sch 3","sortOrder":110},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":111},{"sectionNumber":"sec.95","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.95 Forfeiture on conviction\n\nOn the conviction of a person for an offence against this Act, the court convicting the person may order the forfeiture to the State of any of the following—\nanything used to commit the offence;\nanything else the subject of the offence.\nAlso, the court may order the retention of the thing by an authorised officer for a stated time.\nThe court may make any order to enforce the forfeiture or retention that it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\ns 95 amd 1999 No. 7 s 87 sch 3\n(sec.95-ssec.1) On the conviction of a person for an offence against this Act, the court convicting the person may order the forfeiture to the State of any of the following— anything used to commit the offence; anything else the subject of the offence.\n(sec.95-ssec.2) Also, the court may order the retention of the thing by an authorised officer for a stated time.\n(sec.95-ssec.3) The court may make any order to enforce the forfeiture or retention that it considers appropriate.\n(sec.95-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\n- (a) anything used to commit the offence;\n- (b) anything else the subject of the offence.","sortOrder":112},{"sectionNumber":"sec.96","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.96 Dealing with forfeited things\n\nOn the forfeiture of a thing, the thing becomes the State’s property and may be dealt with by the State as it considers appropriate.\nWithout limiting subsection (1) , the State may—\nsell it to its previous owner or a person who had a legal or beneficial interest in it; or\nsell it to anyone else (by auction, tender or otherwise); or\ndestroy it or give it away.\n(sec.96-ssec.1) On the forfeiture of a thing, the thing becomes the State’s property and may be dealt with by the State as it considers appropriate.\n(sec.96-ssec.2) Without limiting subsection (1) , the State may— sell it to its previous owner or a person who had a legal or beneficial interest in it; or sell it to anyone else (by auction, tender or otherwise); or destroy it or give it away.\n- (a) sell it to its previous owner or a person who had a legal or beneficial interest in it; or\n- (b) sell it to anyone else (by auction, tender or otherwise); or\n- (c) destroy it or give it away.","sortOrder":113},{"sectionNumber":"sec.97","sectionType":"section","heading":"Disposal of abandoned property","content":"### sec.97 Disposal of abandoned property\n\nIn this section—\nabandoned property means property (including a vehicle and anything attached to, or contained in a vehicle) an authorised officer believes on reasonable grounds has been abandoned.\nIf an authorised officer finds abandoned property on designated fossicking land or a fossicking area and intends to take action under this section, the authorised officer—\nmust take reasonable steps to locate the owner of the property; and\nmay move the property to a place the authorised officer considers appropriate.\nAs soon as is practicable but within 14 days after finding the abandoned property and deciding to take action under this section, the authorised officer must give to the owner of the property a written notice describing the property, stating that the property has been found, explaining how it may be recovered and stating that it may be sold or disposed of if it is not recovered.\nIf the owner of the property can not be located within the 14 days mentioned in subsection (3) , the notice may be given by publishing it in a newspaper circulating generally throughout the State.\nSubsection (4) does not apply if the authorised officer believes, on reasonable grounds, the property has no value or a value less than an amount prescribed by regulation.\nIf a person claims the abandoned property within 1 month after the notice is given, the authorised officer must return the property to the person if the person—\nsatisfies the authorised officer that the person is the owner of the property; and\npays the expenses reasonably incurred by the authorised officer in dealing with the property.\nIf a person does not claim the abandoned property within 1 month after the notice is given, the chief executive may—\nsell the property; or\ndispose of the property in the way the chief executive considers appropriate if the proceeds of sale of the property are not likely to cover the total of—\nthe expenses reasonably incurred by the chief executive in selling the property; and\nthe expenses reasonably incurred by the authorised officer in dealing with the property under this section; and\nany other expenses owing to the chief executive in relation to the property.\nIf the abandoned property is sold, the proceeds of the sale must be applied in the following order—\nin payment of the expenses reasonably incurred by the chief executive in selling the property;\nin payment of the expenses reasonably incurred by the authorised officer in dealing with the property under this section;\nif the removal of the property caused damage to the land where it was found—in payment of the reasonable cost of rectifying the damage, including by rehabilitating the land;\nin payment of any other expenses owing to the chief executive in relation to the property;\nin payment of any balance to the owner of the property.\nDespite anything else in this section, if the abandoned property has no value or insufficient value to justify its sale, the chief executive may dispose of the property in the way the chief executive considers appropriate.\nCompensation is not recoverable against the chief executive for a payment under this section.\n(sec.97-ssec.1) In this section— abandoned property means property (including a vehicle and anything attached to, or contained in a vehicle) an authorised officer believes on reasonable grounds has been abandoned.\n(sec.97-ssec.2) If an authorised officer finds abandoned property on designated fossicking land or a fossicking area and intends to take action under this section, the authorised officer— must take reasonable steps to locate the owner of the property; and may move the property to a place the authorised officer considers appropriate.\n(sec.97-ssec.3) As soon as is practicable but within 14 days after finding the abandoned property and deciding to take action under this section, the authorised officer must give to the owner of the property a written notice describing the property, stating that the property has been found, explaining how it may be recovered and stating that it may be sold or disposed of if it is not recovered.\n(sec.97-ssec.4) If the owner of the property can not be located within the 14 days mentioned in subsection (3) , the notice may be given by publishing it in a newspaper circulating generally throughout the State.\n(sec.97-ssec.5) Subsection (4) does not apply if the authorised officer believes, on reasonable grounds, the property has no value or a value less than an amount prescribed by regulation.\n(sec.97-ssec.6) If a person claims the abandoned property within 1 month after the notice is given, the authorised officer must return the property to the person if the person— satisfies the authorised officer that the person is the owner of the property; and pays the expenses reasonably incurred by the authorised officer in dealing with the property.\n(sec.97-ssec.7) If a person does not claim the abandoned property within 1 month after the notice is given, the chief executive may— sell the property; or dispose of the property in the way the chief executive considers appropriate if the proceeds of sale of the property are not likely to cover the total of— the expenses reasonably incurred by the chief executive in selling the property; and the expenses reasonably incurred by the authorised officer in dealing with the property under this section; and any other expenses owing to the chief executive in relation to the property.\n(sec.97-ssec.8) If the abandoned property is sold, the proceeds of the sale must be applied in the following order— in payment of the expenses reasonably incurred by the chief executive in selling the property; in payment of the expenses reasonably incurred by the authorised officer in dealing with the property under this section; if the removal of the property caused damage to the land where it was found—in payment of the reasonable cost of rectifying the damage, including by rehabilitating the land; in payment of any other expenses owing to the chief executive in relation to the property; in payment of any balance to the owner of the property.\n(sec.97-ssec.9) Despite anything else in this section, if the abandoned property has no value or insufficient value to justify its sale, the chief executive may dispose of the property in the way the chief executive considers appropriate.\n(sec.97-ssec.10) Compensation is not recoverable against the chief executive for a payment under this section.\n- (a) must take reasonable steps to locate the owner of the property; and\n- (b) may move the property to a place the authorised officer considers appropriate.\n- (a) satisfies the authorised officer that the person is the owner of the property; and\n- (b) pays the expenses reasonably incurred by the authorised officer in dealing with the property.\n- (a) sell the property; or\n- (b) dispose of the property in the way the chief executive considers appropriate if the proceeds of sale of the property are not likely to cover the total of— (i) the expenses reasonably incurred by the chief executive in selling the property; and (ii) the expenses reasonably incurred by the authorised officer in dealing with the property under this section; and (iii) any other expenses owing to the chief executive in relation to the property.\n- (i) the expenses reasonably incurred by the chief executive in selling the property; and\n- (ii) the expenses reasonably incurred by the authorised officer in dealing with the property under this section; and\n- (iii) any other expenses owing to the chief executive in relation to the property.\n- (i) the expenses reasonably incurred by the chief executive in selling the property; and\n- (ii) the expenses reasonably incurred by the authorised officer in dealing with the property under this section; and\n- (iii) any other expenses owing to the chief executive in relation to the property.\n- (a) in payment of the expenses reasonably incurred by the chief executive in selling the property;\n- (b) in payment of the expenses reasonably incurred by the authorised officer in dealing with the property under this section;\n- (c) if the removal of the property caused damage to the land where it was found—in payment of the reasonable cost of rectifying the damage, including by rehabilitating the land;\n- (d) in payment of any other expenses owing to the chief executive in relation to the property;\n- (e) in payment of any balance to the owner of the property.","sortOrder":114},{"sectionNumber":"sec.98","sectionType":"section","heading":"Evidentiary provision","content":"### sec.98 Evidentiary provision\n\nThis section applies to a proceeding under this Act.\nThe appointment or power of an authorised officer must be presumed unless a party, by reasonable notice, requires proof of the appointment or the power of the authorised officer to do anything under this Act.\nA signature purporting to be the signature of any of the following persons is evidence of the signature it purports to be—\nthe chief executive;\nan authorised officer;\nthe chief executive of the department in which the Land Act 1962 is administered;\nthe person holding office in the department as chief government geologist.\nA certificate, purporting to be signed by the chief executive of the department in which the Land Act 1962 is administered, stating that specified land is occupied land is evidence of the things stated.\nA certificate purporting to be signed by a person mentioned in subsection (3) (d) and stating a substance is a mineral, gemstone, ornamental stone or fossil is evidence of the thing stated.\nA certificate purporting to be signed by the chief executive or an authorised officer and stating any of the following matters is evidence of the matter—\na stated document is a copy of—\na licence or permit or a copy of a licence or permit; or\na direction, requirement or decision or a copy of a direction, requirement or decision given or made under this Act; or\na notice, or a copy of a notice, given under this Act; or\na record, or a copy of a record, kept under this Act; or\na document, or a copy of a document, kept under this Act;\non a stated day, or during a stated period, a stated person was or was not the holder of a licence or permit;\na stated licence or permit was or was not in force on a stated day or during a stated period;\non a stated day—\na licence was suspended for a stated period; or\na licence or permit was cancelled;\non a stated day, a stated person was given a stated notice requirement or direction under this Act;\nanything else prescribed by regulation.\n(sec.98-ssec.1) This section applies to a proceeding under this Act.\n(sec.98-ssec.2) The appointment or power of an authorised officer must be presumed unless a party, by reasonable notice, requires proof of the appointment or the power of the authorised officer to do anything under this Act.\n(sec.98-ssec.3) A signature purporting to be the signature of any of the following persons is evidence of the signature it purports to be— the chief executive; an authorised officer; the chief executive of the department in which the Land Act 1962 is administered; the person holding office in the department as chief government geologist.\n(sec.98-ssec.4) A certificate, purporting to be signed by the chief executive of the department in which the Land Act 1962 is administered, stating that specified land is occupied land is evidence of the things stated.\n(sec.98-ssec.5) A certificate purporting to be signed by a person mentioned in subsection (3) (d) and stating a substance is a mineral, gemstone, ornamental stone or fossil is evidence of the thing stated.\n(sec.98-ssec.6) A certificate purporting to be signed by the chief executive or an authorised officer and stating any of the following matters is evidence of the matter— a stated document is a copy of— a licence or permit or a copy of a licence or permit; or a direction, requirement or decision or a copy of a direction, requirement or decision given or made under this Act; or a notice, or a copy of a notice, given under this Act; or a record, or a copy of a record, kept under this Act; or a document, or a copy of a document, kept under this Act; on a stated day, or during a stated period, a stated person was or was not the holder of a licence or permit; a stated licence or permit was or was not in force on a stated day or during a stated period; on a stated day— a licence was suspended for a stated period; or a licence or permit was cancelled; on a stated day, a stated person was given a stated notice requirement or direction under this Act; anything else prescribed by regulation.\n- (a) the chief executive;\n- (b) an authorised officer;\n- (c) the chief executive of the department in which the Land Act 1962 is administered;\n- (d) the person holding office in the department as chief government geologist.\n- (a) a stated document is a copy of— (i) a licence or permit or a copy of a licence or permit; or (ii) a direction, requirement or decision or a copy of a direction, requirement or decision given or made under this Act; or (iii) a notice, or a copy of a notice, given under this Act; or (iv) a record, or a copy of a record, kept under this Act; or (v) a document, or a copy of a document, kept under this Act;\n- (i) a licence or permit or a copy of a licence or permit; or\n- (ii) a direction, requirement or decision or a copy of a direction, requirement or decision given or made under this Act; or\n- (iii) a notice, or a copy of a notice, given under this Act; or\n- (iv) a record, or a copy of a record, kept under this Act; or\n- (v) a document, or a copy of a document, kept under this Act;\n- (b) on a stated day, or during a stated period, a stated person was or was not the holder of a licence or permit;\n- (c) a stated licence or permit was or was not in force on a stated day or during a stated period;\n- (d) on a stated day— (i) a licence was suspended for a stated period; or (ii) a licence or permit was cancelled;\n- (i) a licence was suspended for a stated period; or\n- (ii) a licence or permit was cancelled;\n- (e) on a stated day, a stated person was given a stated notice requirement or direction under this Act;\n- (f) anything else prescribed by regulation.\n- (i) a licence or permit or a copy of a licence or permit; or\n- (ii) a direction, requirement or decision or a copy of a direction, requirement or decision given or made under this Act; or\n- (iii) a notice, or a copy of a notice, given under this Act; or\n- (iv) a record, or a copy of a record, kept under this Act; or\n- (v) a document, or a copy of a document, kept under this Act;\n- (i) a licence was suspended for a stated period; or\n- (ii) a licence or permit was cancelled;","sortOrder":115},{"sectionNumber":"pt.7","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":116},{"sectionNumber":"sec.99","sectionType":"section","heading":"Appeals to Land Court","content":"### sec.99 Appeals to Land Court\n\nAn applicant for a licence or permit may appeal to the Land Court against an issuing officer’s decision to refuse to grant the licence or permit.\nA licensee may appeal against—\na decision of an issuing officer—\nto impose a condition on a licence; or\nto refuse to replace a licence; or\na decision of the chief executive to suspend or cancel a licence; or\na decision of an authorised officer resulting in the cancellation of a person’s permit under section 78 (5) .\ns 99 amd 1999 No. 7 s 87 sch 3 ; 2004 No. 4 s 57 sch ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 33\n(sec.99-ssec.1) An applicant for a licence or permit may appeal to the Land Court against an issuing officer’s decision to refuse to grant the licence or permit.\n(sec.99-ssec.2) A licensee may appeal against— a decision of an issuing officer— to impose a condition on a licence; or to refuse to replace a licence; or a decision of the chief executive to suspend or cancel a licence; or a decision of an authorised officer resulting in the cancellation of a person’s permit under section 78 (5) .\n- (a) a decision of an issuing officer— (i) to impose a condition on a licence; or (ii) to refuse to replace a licence; or\n- (i) to impose a condition on a licence; or\n- (ii) to refuse to replace a licence; or\n- (b) a decision of the chief executive to suspend or cancel a licence; or\n- (c) a decision of an authorised officer resulting in the cancellation of a person’s permit under section 78 (5) .\n- (i) to impose a condition on a licence; or\n- (ii) to refuse to replace a licence; or","sortOrder":117},{"sectionNumber":"sec.100","sectionType":"section","heading":"Starting appeal","content":"### sec.100 Starting appeal\n\nAn appeal is started by filing a written notice of appeal with the chief executive.\nThe notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against.\nThe Land Court may at any time extend the period for filing the notice of the appeal.\nThe notice of appeal must state the grounds of the appeal.\ns 100 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 34\n(sec.100-ssec.1) An appeal is started by filing a written notice of appeal with the chief executive.\n(sec.100-ssec.2) The notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against.\n(sec.100-ssec.3) The Land Court may at any time extend the period for filing the notice of the appeal.\n(sec.100-ssec.4) The notice of appeal must state the grounds of the appeal.","sortOrder":118},{"sectionNumber":"sec.101","sectionType":"section","heading":"Stay of operation of decisions etc.","content":"### sec.101 Stay of operation of decisions etc.\n\nThe Land Court may stay a decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be given on conditions the Land Court considers appropriate; and\noperates for the period specified by the Land Court; and\nmay be revoked or amended by the Land Court.\nThe period of a stay specified by the Land Court must not extend past the time when the Land Court decides the appeal.\nThe starting of an appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\ns 101 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch\n(sec.101-ssec.1) The Land Court may stay a decision appealed against to secure the effectiveness of the appeal.\n(sec.101-ssec.2) A stay— may be given on conditions the Land Court considers appropriate; and operates for the period specified by the Land Court; and may be revoked or amended by the Land Court.\n(sec.101-ssec.3) The period of a stay specified by the Land Court must not extend past the time when the Land Court decides the appeal.\n(sec.101-ssec.4) The starting of an appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n- (a) may be given on conditions the Land Court considers appropriate; and\n- (b) operates for the period specified by the Land Court; and\n- (c) may be revoked or amended by the Land Court.","sortOrder":119},{"sectionNumber":"sec.102","sectionType":"section","heading":"Hearing procedures","content":"### sec.102 Hearing procedures\n\nAn appeal is to be by way of rehearing unaffected by the decision of the authorised officer, issuing officer or chief executive.\nIn deciding an appeal, the Land Court—\nis not bound by the rules of evidence; and\nmust observe natural justice.\ns 102 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 35\n(sec.102-ssec.1) An appeal is to be by way of rehearing unaffected by the decision of the authorised officer, issuing officer or chief executive.\n(sec.102-ssec.2) In deciding an appeal, the Land Court— is not bound by the rules of evidence; and must observe natural justice.\n- (a) is not bound by the rules of evidence; and\n- (b) must observe natural justice.","sortOrder":120},{"sectionNumber":"sec.103","sectionType":"section","heading":"Powers of Land Court on appeal","content":"### sec.103 Powers of Land Court on appeal\n\nIn deciding an appeal, the Land Court may—\nconfirm the decision appealed against; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the decision to the authorised officer, issuing officer or the chief executive with directions the court considers appropriate.\nIn substituting another decision, the Land Court has the same powers as an authorised officer, issuing officer or the chief executive.\nThe Land Court may decide an unsuccessful applicant for a licence be granted the licence either unconditionally or on particular conditions.\nIf the Land Court substitutes another decision, the substituted decision is taken, for the purposes of this Act, to be the decision of the authorised officer, issuing officer or the chief executive.\ns 103 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 36\n(sec.103-ssec.1) In deciding an appeal, the Land Court may— confirm the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the decision to the authorised officer, issuing officer or the chief executive with directions the court considers appropriate.\n(sec.103-ssec.2) In substituting another decision, the Land Court has the same powers as an authorised officer, issuing officer or the chief executive. The Land Court may decide an unsuccessful applicant for a licence be granted the licence either unconditionally or on particular conditions.\n(sec.103-ssec.3) If the Land Court substitutes another decision, the substituted decision is taken, for the purposes of this Act, to be the decision of the authorised officer, issuing officer or the chief executive.\n- (a) confirm the decision appealed against; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the decision to the authorised officer, issuing officer or the chief executive with directions the court considers appropriate.","sortOrder":121},{"sectionNumber":"pt.8","sectionType":"part","heading":"General","content":"# General","sortOrder":122},{"sectionNumber":"sec.104","sectionType":"section","heading":"Records to be kept by registrar","content":"### sec.104 Records to be kept by registrar\n\nWithin 14 days after an agreement mentioned in section 48 for the declaration of land as designated fossicking land or a fossicking area is entered into, the chief executive must give written notice of the agreement to the registrar for the land.\nThe registrar must keep records that—\nshow the land subject to an agreement mentioned in section 48 ; and\nstate where particulars of the agreement may be inspected.\nThe registrar must keep the records in a way that ensures a search of a register kept by the registrar under any Act about the land will show the existence of the agreement.\nThe chief executive must, within 14 days after an agreement is ended or land is excluded from the operation of the agreement, give written notice to the registrar that the agreement has ended or the land has been excluded from its operation.\nOn receiving the notice, the registrar must—\nremove the particulars of the agreement from the registrar’s records; or\nif the agreement has ended in relation to some, but not all the land—change the record to show the land still subject to the agreement.\ns 104 prev s 104 amd 1999 No. 19 s 3 sch\nom 1999 No. 7 s 87 sch 3\npres s 104 (prev s 105) renum 1999 No. 7 s 87 sch 3\namd 2004 No. 4 s 57 sch\n(sec.104-ssec.1) Within 14 days after an agreement mentioned in section 48 for the declaration of land as designated fossicking land or a fossicking area is entered into, the chief executive must give written notice of the agreement to the registrar for the land.\n(sec.104-ssec.2) The registrar must keep records that— show the land subject to an agreement mentioned in section 48 ; and state where particulars of the agreement may be inspected.\n(sec.104-ssec.3) The registrar must keep the records in a way that ensures a search of a register kept by the registrar under any Act about the land will show the existence of the agreement.\n(sec.104-ssec.4) The chief executive must, within 14 days after an agreement is ended or land is excluded from the operation of the agreement, give written notice to the registrar that the agreement has ended or the land has been excluded from its operation.\n(sec.104-ssec.5) On receiving the notice, the registrar must— remove the particulars of the agreement from the registrar’s records; or if the agreement has ended in relation to some, but not all the land—change the record to show the land still subject to the agreement.\n- (a) show the land subject to an agreement mentioned in section 48 ; and\n- (b) state where particulars of the agreement may be inspected.\n- (a) remove the particulars of the agreement from the registrar’s records; or\n- (b) if the agreement has ended in relation to some, but not all the land—change the record to show the land still subject to the agreement.","sortOrder":123},{"sectionNumber":"sec.105","sectionType":"section","heading":"Delegation","content":"### sec.105 Delegation\n\nThe chief executive may delegate the chief executive’s powers under this Act to an officer of the public service.\ns 105 (prev s 106) renum 1999 No. 7 s 87 sch 3","sortOrder":124},{"sectionNumber":"sec.106","sectionType":"section","heading":"Protection against liability","content":"### sec.106 Protection against liability\n\nThis section applies to the following persons—\nthe chief executive;\nan authorised officer;\nan issuing officer;\na land manager;\nan owner of designated fossicking land or land in a fossicking area;\na person who has given someone else permission under this Act to fossick or camp on the person’s land, mining claim or mining lease.\nA person to whom this section applies does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (2) prevents a civil liability attaching to the person, the liability attaches instead to the State.\ns 106 (prev s 107) renum 1999 No. 7 s 87 sch 3 ; 2013 No. 10 s 37\n(sec.106-ssec.1) This section applies to the following persons— the chief executive; an authorised officer; an issuing officer; a land manager; an owner of designated fossicking land or land in a fossicking area; a person who has given someone else permission under this Act to fossick or camp on the person’s land, mining claim or mining lease.\n(sec.106-ssec.2) A person to whom this section applies does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.106-ssec.3) If subsection (2) prevents a civil liability attaching to the person, the liability attaches instead to the State.\n- (a) the chief executive;\n- (b) an authorised officer;\n- (c) an issuing officer;\n- (d) a land manager;\n- (e) an owner of designated fossicking land or land in a fossicking area;\n- (f) a person who has given someone else permission under this Act to fossick or camp on the person’s land, mining claim or mining lease.","sortOrder":125},{"sectionNumber":"sec.107","sectionType":"section","heading":"Regulation-making power","content":"### sec.107 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about the following matters—\nthe conduct of fossickers;\nthe conduct of persons other than owners or fossickers on designated fossicking land and fossicking areas;\ncontrolling pollution on designated fossicking land and fossicking areas;\nnaming, and defining the boundaries of, a miners common;\nthe appointment of a controller of a miners common;\nthe powers and functions of a controller of a miners common;\nthe management of a miners common, including the appointment of staff;\nfees to be paid under the Act .\nA regulation may provide that a contravention of a regulation is an offence and prescribe a maximum penalty for the offence of not more than 80 penalty units.\ns 107 (prev s 108) renum 1999 No. 7 s 87 sch 3\namd 2004 No. 4 s 57 sch\n(sec.107-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.107-ssec.2) A regulation may be made about the following matters— the conduct of fossickers; the conduct of persons other than owners or fossickers on designated fossicking land and fossicking areas; controlling pollution on designated fossicking land and fossicking areas; naming, and defining the boundaries of, a miners common; the appointment of a controller of a miners common; the powers and functions of a controller of a miners common; the management of a miners common, including the appointment of staff; fees to be paid under the Act .\n(sec.107-ssec.3) A regulation may provide that a contravention of a regulation is an offence and prescribe a maximum penalty for the offence of not more than 80 penalty units.\n- (a) the conduct of fossickers;\n- (b) the conduct of persons other than owners or fossickers on designated fossicking land and fossicking areas;\n- (c) controlling pollution on designated fossicking land and fossicking areas;\n- (d) naming, and defining the boundaries of, a miners common;\n- (e) the appointment of a controller of a miners common;\n- (f) the powers and functions of a controller of a miners common;\n- (g) the management of a miners common, including the appointment of staff;\n- (h) fees to be paid under the Act .","sortOrder":126},{"sectionNumber":"sec.109","sectionType":"section","heading":null,"content":"### Section sec.109\n\ns 109 exp 1 February 1996 (see s 120)\nAIA s 20A applies (see s 118)","sortOrder":127},{"sectionNumber":"sec.111","sectionType":"section","heading":null,"content":"### Section sec.111\n\ns 111 exp 1 February 1996 (see s 120)\nAIA s 20A applies (see s 118)","sortOrder":128},{"sectionNumber":"sec.112","sectionType":"section","heading":null,"content":"### Section sec.112\n\ns 112 exp 1 February 1996 (see s 120)\nAIA s 20A applies (see s 118)","sortOrder":129},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 exp 1 February 1996 (see s 120)\nAIA s 20A applies (see s 118)","sortOrder":130},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns 114 exp 1 February 1996 (see s 120)\nAIA s 20A applies (see s 118)","sortOrder":131},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 exp 1 February 1996 (see s 120)\nAIA s 20A applies (see s 118)","sortOrder":132},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 exp 1 February 1996 (see s 120)\nAIA s 20A applies (see s 118)","sortOrder":133},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 exp 28 November 1994 (see s 117(3))\nAIA s 20A applies (see s 118)","sortOrder":134},{"sectionNumber":"sec.118","sectionType":"section","heading":null,"content":"### Section sec.118\n\ns 118 exp 1 February 1996 (see s 120)\nAIA s 20A applies (see s 118)","sortOrder":135},{"sectionNumber":"pt.9","sectionType":"part","heading":"Repeal and transitional provisions before Mining and Other Legislation Amendment Act 2013","content":"# Repeal and transitional provisions before Mining and Other Legislation Amendment Act 2013","sortOrder":136},{"sectionNumber":"sec.119","sectionType":"section","heading":"References to Mining (Fossicking) Act 1985","content":"### sec.119 References to Mining (Fossicking) Act 1985\n\nThis section applies to references in Acts and documents in existence on its commencement.\nA reference to the Mining (Fossicking) Act 1985 is taken to be a reference to this Act.\ns 119 AIA s 20A applies (see s 118)\n(sec.119-ssec.1) This section applies to references in Acts and documents in existence on its commencement.\n(sec.119-ssec.2) A reference to the Mining (Fossicking) Act 1985 is taken to be a reference to this Act.","sortOrder":137},{"sectionNumber":"sec.120","sectionType":"section","heading":"Expiry","content":"### sec.120 Expiry\n\nSections 109 and 111 to 118 expire 1 year after they commence.\ns 120 AIA s 20A applies (see s 118)","sortOrder":138},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provisions for Mining and Other Legislation Amendment Act 2013","content":"# Transitional provisions for Mining and Other Legislation Amendment Act 2013","sortOrder":139},{"sectionNumber":"sec.121","sectionType":"section","heading":"Definitions for pt 10","content":"### sec.121 Definitions for pt 10\n\nIn this part—\ncommencement means the day this part commences.\nmining registrar means a mining registrar under the Mineral Resources Act 1989 as in force before the commencement.\ns 121 ins 2013 No. 10 s 39","sortOrder":140},{"sectionNumber":"sec.122","sectionType":"section","heading":"Continuing effect of general permissions","content":"### sec.122 Continuing effect of general permissions\n\nA general permission in effect immediately before the commencement continues as a general permission under this Act after the commencement.\nThe general permission is subject to the same conditions as those in effect for the permission immediately before the commencement.\ns 122 ins 2013 No. 10 s 39\n(sec.122-ssec.1) A general permission in effect immediately before the commencement continues as a general permission under this Act after the commencement.\n(sec.122-ssec.2) The general permission is subject to the same conditions as those in effect for the permission immediately before the commencement.","sortOrder":141},{"sectionNumber":"sec.123","sectionType":"section","heading":"Continuing effect of permissions under s 56","content":"### sec.123 Continuing effect of permissions under s 56\n\nA permission of a mining registrar given under section 56 and in effect immediately before the commencement continues as if it were a permission given by the chief executive under section 56 as in force after the commencement.\nThe permission is subject to the same conditions as those in effect for the permission immediately before the commencement.\ns 123 ins 2013 No. 10 s 39\n(sec.123-ssec.1) A permission of a mining registrar given under section 56 and in effect immediately before the commencement continues as if it were a permission given by the chief executive under section 56 as in force after the commencement.\n(sec.123-ssec.2) The permission is subject to the same conditions as those in effect for the permission immediately before the commencement.","sortOrder":142},{"sectionNumber":"sec.124","sectionType":"section","heading":"Appeals","content":"### sec.124 Appeals\n\nSubsection (2) applies if—\na person has appealed to the Land Court against a decision of a mining registrar before the commencement; and\nthe appeal has not been decided before the commencement.\nThe Land Court must hear, or continue to hear, and decide the appeal under this Act as in force after the commencement.\nSubsection (4) applies if—\nimmediately before the commencement, a person could have appealed to the Land Court against a decision of a mining registrar; and\nthe person has not appealed before the commencement.\nThe person may appeal and the Land Court must hear and decide the appeal under this Act as in force after the commencement.\nFor hearing and deciding an appeal under subsection (2) or (4), the decision appealed against is taken to be a decision of the chief executive.\ns 124 ins 2013 No. 10 s 39\n(sec.124-ssec.1) Subsection (2) applies if— a person has appealed to the Land Court against a decision of a mining registrar before the commencement; and the appeal has not been decided before the commencement.\n(sec.124-ssec.2) The Land Court must hear, or continue to hear, and decide the appeal under this Act as in force after the commencement.\n(sec.124-ssec.3) Subsection (4) applies if— immediately before the commencement, a person could have appealed to the Land Court against a decision of a mining registrar; and the person has not appealed before the commencement.\n(sec.124-ssec.4) The person may appeal and the Land Court must hear and decide the appeal under this Act as in force after the commencement.\n(sec.124-ssec.5) For hearing and deciding an appeal under subsection (2) or (4), the decision appealed against is taken to be a decision of the chief executive.\n- (a) a person has appealed to the Land Court against a decision of a mining registrar before the commencement; and\n- (b) the appeal has not been decided before the commencement.\n- (a) immediately before the commencement, a person could have appealed to the Land Court against a decision of a mining registrar; and\n- (b) the person has not appealed before the commencement.","sortOrder":143}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally enacted to replace the simpler Mining (Fossicking) Act 1985, the Act has been significantly expanded through amendments. New licence types (commercial tour operator, educational organisation) and detailed camping regulations were added. The 2013 amendments restructured administration, replacing mining registrars with chief executive oversight. The scope now covers commercial fossicking tours, educational activities, and regulated camping, well beyond the original recreational hobbyist focus."},"complexity_factors":["Over 30 defined terms in section 3, many cross-referencing other Acts (Mineral Resources Act, Forestry Act, Water Act, etc.)","Multiple nested exceptions: e.g., section 27 lists five separate categories of land requiring different permissions, each with its own conditions.","Conditional logic for licences: issuing officers have limited authority depending on the land type; chief executive can override by gazette notice.","Part 5 (Camping) has three separate categories (prohibited, regulated, non-regulated) with different rules and permissions.","Appeals process involves Land Court, with detailed procedures and stay provisions.","Transitional provisions and multiple amendment layers (e.g., 2013 amendments replaced mining registrar roles) add historical complexity."],"plain_english_summary":"The **Fossicking Act 1994** sets out the rules for recreational fossicking (searching for gemstones, minerals, fossils, and alluvial gold) in Queensland. \n\n**Who needs a licence?** \nAnyone who wants to fossick must hold a valid fossicker's licence. There are different types: individual, family, club, educational organisation, and commercial tour operator licences. \n\n**Where can you fossick?** \nFossicking is generally allowed on unoccupied land, but not on protected areas (national parks etc.), State forests (unless specifically declared as fossicking land), or other excluded land. To fossick on occupied private land or land covered by a mining lease, you need the owner's or leaseholder's written permission. \n\n**What are the rules?** \n- You may only use hand tools (pick, shovel, sieve, electronic detector) – no machinery. \n- Digging is limited to 0.5 metres in a watercourse and 2 metres elsewhere; tunnelling or creating overhangs is banned. \n- Fossickers can collect material, but must pay any applicable royalties. \n- Commercial sale of collected material is generally prohibited, except for occasional sales. \n\n**Camping** \nCamping while fossicking is allowed only in designated areas and often requires a separate camping permit. Some areas are declared 'prohibited camping land' or 'regulated camping land' with additional rules. \n\n**Why it matters** \nThe Act balances the public's interest in recreational fossicking with the rights of landholders, mining titleholders, and environmental protection. It provides a legal framework for a popular hobby while preventing damage to land and resources."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.47(2)-(3)","severity":"high","reasoning":"A legal prohibition that explicitly states non-compliance has no legal consequence is logically incoherent. Section 47(2) creates a mandatory requirement ('must not be alienated, leased or occupied without the Minister's approval') while s47(3) nullifies any enforcement effect by preserving the validity of non-compliant transactions. There is no penalty provision attached, and the saving clause in s47(3) means the prohibition creates no enforceable legal obligation whatsoever.","confidence":0.95,"description":"The section prohibits alienation, leasing or occupation of unallocated State land within designated fossicking land without Ministerial approval, but then immediately provides that failure to obtain such approval does not invalidate the alienation, lease or occupancy. This renders the prohibition entirely toothless and meaningless."},{"type":"self_contradicting","section":"sec.5","severity":"medium","reasoning":"The exception in s5(2) is narrowly drafted to exclude accidental collection 'merely because the person picks up a specimen'. However, s5(1)(a) includes searching 'in a systematic or unsystematic way', which is an extremely broad definition. An unsystematic search could encompass virtually any activity involving looking at the ground. The boundary between accidental discovery and 'unsystematic search' is undefined and potentially contradictory with the intent of the exception.","confidence":0.75,"description":"The definition of 'fossick' includes both 'search for fossicking materials in a systematic or unsystematic way' and 'collect fossicking materials' as alternatives. The exception for accidentally picking up a specimen only excludes the collection limb, not the search limb. A person who merely bends down to pick up a specimen they found by chance could still technically be 'searching unsystematically', making the exception potentially illusory."},{"type":"other","section":"sec.16(3)","severity":"low","reasoning":"While there may be policy reasons for preventing conflicts of interest, the blanket exclusion of all authorised officers from holding licences regardless of circumstances (e.g. an authorised officer who fossicks recreationally before or after appointment) is overbroad. There is no transitional provision for existing licence holders who become authorised officers, potentially causing automatic invalidity of pre-existing licences without explicit cancellation.","confidence":0.65,"description":"An issuing officer must not grant a licence to an authorised officer. However, authorised officers are responsible for enforcing the Act, including checking whether persons are licensees (sec.25). This creates an absurd situation where the very persons responsible for enforcing fossicking laws are categorically prohibited from holding a fossicking licence and therefore cannot legally fossick themselves, potentially undermining their practical understanding of the activity they regulate."},{"type":"other","section":"sec.36(3)(a)","severity":"medium","reasoning":"The word 'occasional' has no statutory definition in this Act or apparent reference to another defined term. Without quantitative limits (e.g. number of sales per year, dollar value threshold), the exception swallows the rule. This is particularly problematic given the high penalty of 400 penalty units attached to the primary offence, creating significant legal uncertainty about when the exception applies.","confidence":0.88,"description":"The prohibition on commercial sale of fossicking materials (with a penalty of 400 penalty units) is subject to an exception for 'an occasional sale'. The term 'occasional' is entirely undefined, creating an unenforceable and subjective standard. A persistent seller could always characterise each individual sale as 'occasional' relative to some reference period."},{"type":"self_contradicting","section":"sec.31(c)","severity":"medium","reasoning":"The Act defines fossicking material to include fossils (non-vertebrate), and a commercial tour operator's fossickers licence is granted for the purpose of fossicking. Yet s31(c) creates a content-based restriction that bars commercial tours from engaging in a core licensed activity. The licence purports to authorise fossicking but the commercial tour operator cannot authorise one category of fossicking material to their clients, making the licence misleadingly broad on its face.","confidence":0.82,"description":"A commercial tour operator is prohibited from allowing members of the commercial tour group to fossick for fossils. However, fossils (other than vertebrate fossils) are explicitly included in the definition of 'fossicking material' in s3. This means a commercial tour operator holds a 'fossickers licence' that authorises fossicking for fossicking material, but fossicking for a subset of that material (fossils) is prohibited for commercial tours, creating an internally inconsistent licensing regime."},{"type":"impossible_compliance","section":"sec.54(5)(b)","severity":"medium","reasoning":"The mandatory duty in s54(5)(b) to ensure a management plan is carried out presupposes the existence of a plan. Since s53 makes plan preparation discretionary, there will frequently be appointed land managers with no plan to implement. The provision either imposes an obligation that has no content, or implicitly requires a plan to always exist before a manager can be appointed, which is not stated.","confidence":0.78,"description":"A land manager must 'ensure the management plan for the land is properly carried out'. However, under s53(1), the preparation of a management plan is entirely discretionary ('the chief executive may prepare a draft management plan'). This means a land manager is obligated to ensure compliance with a plan that may not exist, creating an impossible or vacuous obligation."},{"type":"other","section":"sec.3 (definition of 'prohibited camping land')","severity":"medium","reasoning":"The definition of 'prohibited camping land' contains an explanatory note pointing to s66(1) which is the provision for regulated camping land declarations. Section 65(1) is the correct provision for prohibited camping land declarations. This is a clear drafting error that creates confusion between two distinct legal categories with different legal consequences (outright ban vs regulated access with permit).","confidence":0.97,"description":"The definition of 'prohibited camping land' states that 'Regulated camping land declarations are made under section 66(1)'. However, section 66(1) deals with regulated camping land, not prohibited camping land. The note in the prohibited camping land definition incorrectly cross-references the wrong section. Prohibited camping land declarations are made under section 65(1)."},{"type":"other","section":"sec.22(2)","severity":"medium","reasoning":"The show cause notice under s22(1) must state the 'proposed action', but where that action is cancellation, the licensee has no opportunity to make representations about the alternative outcome of suspension (which may involve a very long period). Natural justice requires that a person be given the opportunity to address the actual decision being considered, but here the decision-maker can impose a sanction not identified in the notice.","confidence":0.72,"description":"Where the proposed action was cancellation of a licence, the chief executive may, after considering representations, either cancel the licence OR suspend it for a period. This means a licensee who responds to a cancellation notice may face suspension instead, which could be a more or less severe outcome depending on circumstances, but the licensee has no notice that suspension is a possible outcome and cannot make submissions specifically directed to avoiding suspension."},{"type":"other","section":"sec.27(2)(b)","severity":"low","reasoning":"The requirement that permissions be physically written on or attached to the licence creates practical difficulties. Permissions from multiple landowners would need to be written on or physically attached to a single document. For family or club licences where multiple members may need to demonstrate their entitlement, requiring the physical licence to be present creates practical impossibilities when multiple members fossick simultaneously.","confidence":0.6,"description":"Section 27(2)(b) requires that permission for fossicking must be 'written on or attached to the licensee's licence'. Since a licence is not transferable (s18), and the permission is physically attached to or written on that licence, the permission effectively becomes inseparable from and co-extensive with the licence. If the licence is lost, the written permission is also lost, requiring replacement of both."}],"contradictions":[{"severity":"medium","section_a":"sec.9","section_b":"sec.13","confidence":0.68,"description":"Section 9 states the Act does not apply to protected areas (which include national parks). Section 13 exempts scientific organisations from the Act when fossicking for scientific/research purposes. Section 13 is superfluous in its application to protected areas (already excluded by s9) but creates an implied conflict: if the Act does not apply to protected areas at all, a scientific organisation fossicking in a protected area needs no exemption. However, s13 could be read as creating a permission to fossick in protected areas for scientific purposes, contradicting s9's blanket exclusion."},{"severity":"medium","section_a":"sec.25(1)","section_b":"sec.25(2)","confidence":0.8,"description":"Section 25(1) states a person must not fossick unless they are a licensee (with 50 penalty unit penalty). Section 25(2) exempts persons fossicking on mining claim/lease land on payment of an admission fee OR with the claim/lease holder's permission for that mineral. The second exemption (permission-based) has no licence requirement, meaning the claim holder can grant permission to an unlicensed person to fossick for any mineral covered by the claim. This effectively allows unlicensed fossicking on a significant category of land, undermining the licensing regime."},{"severity":"medium","section_a":"sec.26(1)","section_b":"sec.27(1)","confidence":0.78,"description":"Section 26(1) states a licensee may enter and fossick on unoccupied land despite any other Act. However, s27(1) requires written permission to fossick on various categories of land including land subject to a mining claim or lease, land subject to a mining lease application, and land subject to a quarry materials permit. Mining leases and quarry materials permits can apply to unoccupied land, meaning s26's apparently broad right to fossick on unoccupied land is significantly qualified by s27 without clear drafting indicating which provision prevails."},{"severity":"low","section_a":"sec.46","section_b":"sec.66(3)(b)","confidence":0.58,"description":"Section 46 prohibits an owner of designated fossicking land or land in a fossicking area from charging any fee for fossicking on the land. Section 66(3)(b) provides that when land becomes regulated camping land, no camping fee is payable to the owner. The need for s66(3)(b) implies that outside regulated camping land, a camping fee could be payable to owners. However, since camping is only permitted when fossicking (per the Act's structure), this potentially conflicts with s46's prohibition on charging for fossicking-related access."},{"severity":"low","section_a":"sec.34(1)-(2)","section_b":"sec.36(2)","confidence":0.55,"description":"Section 34(1) provides that fossicking materials lawfully collected become the licensee's property on collection, and s34(2) requires royalties to be paid. Section 36(2) prohibits sale of fossicking material in trade or commerce (400 penalty unit penalty) subject to an 'occasional sale' exception. Once the material is the licensee's property (s34), the broad prohibition on commercial sale in s36 significantly curtails the practical value of the property right granted, creating tension between the vesting of ownership and the restricted ability to realise value from that ownership."},{"severity":"low","section_a":"sec.16(3)(c)","section_b":"sec.23(1)","confidence":0.62,"description":"Section 16(3)(c) prohibits granting a licence to someone whose licence was cancelled not more than 2 years before the application. Section 23(1) requires a former licence holder to return their licence within 7 days of cancellation taking effect. The two-year bar runs from 'the day of the application', not from the cancellation date. If a cancellation is appealed and overturned (possible under s22(4)), the two-year disqualification period is unclear as to when it begins, particularly given s22(6)'s provisions delaying effect of conviction-based cancellations."},{"severity":"medium","section_a":"sec.10","section_b":"sec.3 (definition of 'general permission for fossicking or camping')","confidence":0.7,"description":"Section 10 allows the Act to apply to State forests etc. if the chief executive of the department administering the Forestry Act 1959 gives a general permission for fossicking or camping. The definition of 'general permission' in s3 describes it as permission given under s28 'to the chief executive' [of this Act]. Section 28(1) states it is given by 'a person whose permission is needed to allow someone else to fossick on land'. The Forestry CE giving permission under s10 may not be the same person contemplated by s28, creating ambiguity about whether a Forestry CE permission is a 'general permission' within the Act's definition."}]},"summary":{"name":"Fossicking Act 1994","slug":"fossicking-act-1994","title_id":"qld:act-1994-063","version_id":104750,"analysis_type":"summary","content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"Complete in-force Queensland Act. 8 Parts."},"complexity_factors":["Multiple licence categories with different entitlements","Intersection with mining law for fossicking on tenement areas"],"plain_english_summary":"The Fossicking Act 1994 (Qld) regulates recreational fossicking for gemstones, ornamental stones, mineral specimens, alluvial gold, and fossils (other than vertebrate fossils) in Queensland. It establishes a licensing regime and designates specific areas where fossicking is permitted, balancing public access to minerals with the rights of landowners and the protection of natural resources.\n\nThe Act defines fossicking materials to include gemstones, ornamental stones, mineral specimens, alluvial gold, non-vertebrate fossils, and substances prescribed by regulation. It excludes meteorites, tektites, and impact materials.\n\nThe licensing regime (Part 3) creates six categories of fossickers licence: individual, family, club, educational organisation, commercial tour operator, and any additional category prescribed by regulation. Licences are issued by an issuing officer. The primary offence is fossicking without a licence (maximum 50 penalty units), with an exception for fossicking on land subject to a mining claim or lease with the holder's permission or on payment of an admission fee.\n\nPart 4 designates fossicking land and fossicking areas — specific parcels of land where fossicking is authorised. Part 5 regulates camping on designated fossicking land, including a permit system for camping. Part 6 covers administration and enforcement, including the powers of authorised officers. Part 7 provides appeal rights. Part 8 contains general provisions.\n\nThe Act restricts commercial activities on designated fossicking land (maximum 400 penalty units) except for lawful activities by the landowner or mining claim holder."},"kimi_summary":{"_metrics":{"completionTokens":733},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a recreational fossicking regulation. While it has been amended multiple times (particularly in 2013 and 2024), these amendments relate to administrative changes (replacing mining registrars with the chief executive, updating definitions) rather than expanding the Act's substantive scope beyond recreational fossicking and camping."},"complexity_factors":["Multiple licence types (individual, family, club, educational, commercial tour operator) with different conditions and entitlements","Extensive cross-referencing to other Queensland Acts: Mineral Resources Act 1989, Forestry Act 1959, Water Act 2000, Nature Conservation Act 1992, Weapons Act 1990, etc.","Layered permission system: general permissions, written permissions, landowner agreements, native title holder permissions","Distinction between 'designated fossicking land' and 'fossicking areas' with different rules about future mining interests","Detailed enforcement powers including warrant procedures, vehicle entry, seizure, and evidentiary provisions","Transitional provisions showing multiple amendment Acts (1999, 2004, 2005, 2006, 2013, 2014, 2016, 2019, 2024)"],"plain_english_summary":"This Queensland law regulates **fossicking** — the recreational searching for and collecting of gemstones, minerals, fossils and gold using hand tools.\n\n**Who needs a licence?**\n- Anyone who wants to fossick (search for and collect \"fossicking materials\") must hold a **fossickers licence**\n- Licences come in several types: individual, family, club, educational organisation, and commercial tour operator licences\n- Licences are not transferable and last up to one year\n\n**What can you collect?**\n- Gemstones, ornamental stones, mineral specimens, alluvial gold, and fossils (except vertebrate animal fossils)\n- **Not allowed**: meteorites, tektites, or impact-related materials\n\n**Where can you fossick?**\n- **Unoccupied land**: licensees can enter and fossick freely (unless the land is excluded from the Act)\n- **Occupied land**: you need the owner's written permission\n- **Designated fossicking land** and **fossicking areas**: specially declared public areas where fossicking is permitted\n- **Protected areas** (national parks etc.): completely excluded from the Act\n- **State forests and timber reserves**: only if declared as fossicking land or with a \"general permission\"\n\n**What are the rules?**\n- **Hand tools only** — no machinery (picks, shovels, hammers, sieves, electronic detectors are okay)\n- **Digging limits**: maximum 0.5 metres in watercourses, 2 metres elsewhere\n- **No tunnelling or overhangs**\n- **No commercial selling** of collected materials (occasional sales allowed)\n- **Camping**: needs a separate permit on \"regulated camping land\"; otherwise needs landowner permission\n\n**Enforcement**\n- **Authorised officers** can inspect licences, enter land and vehicles, seize evidence, and direct people to leave\n- Officers can get warrants to search places and vehicles\n- Various offences with penalties up to 400 penalty units for serious breaches like using machinery or conducting commercial activities\n\n**Appeals**\n- Decisions about licences and permits can be appealed to the **Land Court** within 28 days"}},"importantCases":[],"_links":{"self":"/api/acts/fossicking-act-1994","history":"/api/acts/fossicking-act-1994/history","analysis":"/api/acts/fossicking-act-1994/analysis","conflicts":"/api/acts/fossicking-act-1994/conflicts","importantCases":"/api/acts/fossicking-act-1994/important-cases","documents":"/api/acts/fossicking-act-1994/documents"}}