{"id":"qld:sl-2019-0172","name":"Fossicking Regulation 2019","slug":"fossicking-regulation-2019","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"172 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174009,"registerId":"qld-sl-2019-0172-current","compilationNumber":null,"startDate":"2026-04-05","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 regulation may be cited as the Fossicking Regulation 2019 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2019.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 7 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Regulation does not affect landowner’s rights","content":"### sec.4 Regulation does not affect landowner’s rights\n\nThis regulation does not limit a right of an owner of land to use the land or to authorise someone else to use the land for a purpose that, apart from this regulation, would be a lawful purpose.\nDespite any other provision of this regulation, the use of the land by the owner or other person is not an offence against this regulation.\n(sec.4-ssec.1) This regulation does not limit a right of an owner of land to use the land or to authorise someone else to use the land for a purpose that, apart from this regulation, would be a lawful purpose.\n(sec.4-ssec.2) Despite any other provision of this regulation, the use of the land by the owner or other person is not an offence against this regulation.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Declarations for particular land","content":"# Declarations for particular land","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Designated fossicking land— Act , s 42","content":"### sec.5 Designated fossicking land— Act , s 42\n\nFor section 42 (1) of the Act , each parcel of land described in schedule 1 , column 2, other than land excluded from the Act ’s operation under part 2 of the Act , is designated fossicking land with the name stated in schedule 1 , column 1 opposite the parcel.\nIn this regulation, a reference to a name mentioned in schedule 1 , column 1 is a reference to the designated fossicking land with that name.\n(sec.5-ssec.1) For section 42 (1) of the Act , each parcel of land described in schedule 1 , column 2, other than land excluded from the Act ’s operation under part 2 of the Act , is designated fossicking land with the name stated in schedule 1 , column 1 opposite the parcel.\n(sec.5-ssec.2) In this regulation, a reference to a name mentioned in schedule 1 , column 1 is a reference to the designated fossicking land with that name.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Fossicking areas— Act , s 44","content":"### sec.6 Fossicking areas— Act , s 44\n\nFor section 44 (1) of the Act , each parcel of land described in schedule 2 , column 2, other than land excluded from the Act ’s operation under part 2 of the Act , is a fossicking area with the name stated in schedule 2 , column 1 opposite the parcel.\nIn this regulation, a reference to a name mentioned in schedule 2 , column 1 is a reference to the fossicking area with that name.\n(sec.6-ssec.1) For section 44 (1) of the Act , each parcel of land described in schedule 2 , column 2, other than land excluded from the Act ’s operation under part 2 of the Act , is a fossicking area with the name stated in schedule 2 , column 1 opposite the parcel.\n(sec.6-ssec.2) In this regulation, a reference to a name mentioned in schedule 2 , column 1 is a reference to the fossicking area with that name.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Prohibited camping land— Act , s 65","content":"### sec.7 Prohibited camping land— Act , s 65\n\nFor section 65 (1) of the Act , the land described in schedule 3 is prohibited camping land.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Regulated camping land— Act , s 66","content":"### sec.8 Regulated camping land— Act , s 66\n\nFor section 66 (1) of the Act , the land described in schedule 4 is regulated camping land.","sortOrder":9},{"sectionNumber":"pt.3","sectionType":"part","heading":"Conduct of persons— Act , s 107","content":"# Conduct of persons— Act , s 107","sortOrder":10},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Conduct generally","content":"## Conduct generally","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Display of permits","content":"### sec.9 Display of permits\n\nA person camping under a permit must, immediately after making camp, display the permit by attaching it in a conspicuous position—\nif the person is using a camping structure—to the structure; or\notherwise—to other camping equipment used by the person.\nMaximum penalty—2 penalty units.\nThe person must take reasonable steps to ensure the permit remains displayed while the person camps under the permit.\nMaximum penalty—2 penalty units.\n(sec.9-ssec.1) A person camping under a permit must, immediately after making camp, display the permit by attaching it in a conspicuous position— if the person is using a camping structure—to the structure; or otherwise—to other camping equipment used by the person. Maximum penalty—2 penalty units.\n(sec.9-ssec.2) The person must take reasonable steps to ensure the permit remains displayed while the person camps under the permit. Maximum penalty—2 penalty units.\n- (a) if the person is using a camping structure—to the structure; or\n- (b) otherwise—to other camping equipment used by the person.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Particular conduct prohibited","content":"### sec.10 Particular conduct prohibited\n\nA person fossicking under a licence or camping under a permit must not, unless the person has a reasonable excuse—\ndeface, destroy or injure a tree; or\nclear vegetation for a purpose other than digging the land cleared; or\npollute a watercourse or a receptacle used for water storage; or\ndig in land in a way likely to cause a gully to form, or banks to collapse, on land around the dug land; or\nplace dug material on a slope where water may wash the material away; or\ninterfere with an improvement, a site of cultural heritage significance or stock.\nMaximum penalty—20 penalty units.\nA person fossicking under a licence on designated fossicking land or a fossicking area must not move wash out of the designated fossicking land or fossicking area.\nMaximum penalty—20 penalty units.\nIn this section—\nclear , for vegetation, means remove, cut down, ringbark, push over, poison or destroy in any way, including by burning, flooding or draining.\ncultural heritage significance , of a site, see the Queensland Heritage Act 1992 , schedule .\nwash means a substance containing, or that is reasonably likely to contain, fossicking material.\nsand, gravel, soil\n(sec.10-ssec.1) A person fossicking under a licence or camping under a permit must not, unless the person has a reasonable excuse— deface, destroy or injure a tree; or clear vegetation for a purpose other than digging the land cleared; or pollute a watercourse or a receptacle used for water storage; or dig in land in a way likely to cause a gully to form, or banks to collapse, on land around the dug land; or place dug material on a slope where water may wash the material away; or interfere with an improvement, a site of cultural heritage significance or stock. Maximum penalty—20 penalty units.\n(sec.10-ssec.2) A person fossicking under a licence on designated fossicking land or a fossicking area must not move wash out of the designated fossicking land or fossicking area. Maximum penalty—20 penalty units.\n(sec.10-ssec.3) In this section— clear , for vegetation, means remove, cut down, ringbark, push over, poison or destroy in any way, including by burning, flooding or draining. cultural heritage significance , of a site, see the Queensland Heritage Act 1992 , schedule . wash means a substance containing, or that is reasonably likely to contain, fossicking material. sand, gravel, soil\n- (a) deface, destroy or injure a tree; or\n- (b) clear vegetation for a purpose other than digging the land cleared; or\n- (c) pollute a watercourse or a receptacle used for water storage; or\n- (d) dig in land in a way likely to cause a gully to form, or banks to collapse, on land around the dug land; or\n- (e) place dug material on a slope where water may wash the material away; or\n- (f) interfere with an improvement, a site of cultural heritage significance or stock.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Fossicking in a watercourse","content":"### sec.11 Fossicking in a watercourse\n\nThis section applies to a person fossicking in a watercourse.\nThe person must not—\nfossick within 40m of—\na weir, bridge or other structure in or over the watercourse; or\na pump used to pump water from the watercourse; or\nfossick within 3m of the top or toe of a bank or in a bank slope if the fossicking may cause erosion or the collapse of the bank; or\ninterrupt, divert or stop the flow of water in the watercourse more than is necessary to fossick in the watercourse; or\ncause stream turbidity more than 300m downstream from where the person is fossicking; or\nerect a structure in the watercourse.\nMaximum penalty—20 penalty units.\nIf the person digs in the watercourse, the person must, before leaving the watercourse—\nrefill the places dug with dug material; and\nif there is dug material left over after refilling the places dug—put the leftover material in a place in the watercourse where it is unlikely to—\ninterrupt, divert or stop the flow of water in the watercourse; or\ndisturb the watercourse’s usual course at low flow.\nMaximum penalty—20 penalty units.\n(sec.11-ssec.1) This section applies to a person fossicking in a watercourse.\n(sec.11-ssec.2) The person must not— fossick within 40m of— a weir, bridge or other structure in or over the watercourse; or a pump used to pump water from the watercourse; or fossick within 3m of the top or toe of a bank or in a bank slope if the fossicking may cause erosion or the collapse of the bank; or interrupt, divert or stop the flow of water in the watercourse more than is necessary to fossick in the watercourse; or cause stream turbidity more than 300m downstream from where the person is fossicking; or erect a structure in the watercourse. Maximum penalty—20 penalty units.\n(sec.11-ssec.3) If the person digs in the watercourse, the person must, before leaving the watercourse— refill the places dug with dug material; and if there is dug material left over after refilling the places dug—put the leftover material in a place in the watercourse where it is unlikely to— interrupt, divert or stop the flow of water in the watercourse; or disturb the watercourse’s usual course at low flow. Maximum penalty—20 penalty units.\n- (a) fossick within 40m of— (i) a weir, bridge or other structure in or over the watercourse; or (ii) a pump used to pump water from the watercourse; or\n- (i) a weir, bridge or other structure in or over the watercourse; or\n- (ii) a pump used to pump water from the watercourse; or\n- (b) fossick within 3m of the top or toe of a bank or in a bank slope if the fossicking may cause erosion or the collapse of the bank; or\n- (c) interrupt, divert or stop the flow of water in the watercourse more than is necessary to fossick in the watercourse; or\n- (d) cause stream turbidity more than 300m downstream from where the person is fossicking; or\n- (e) erect a structure in the watercourse.\n- (i) a weir, bridge or other structure in or over the watercourse; or\n- (ii) a pump used to pump water from the watercourse; or\n- (a) refill the places dug with dug material; and\n- (b) if there is dug material left over after refilling the places dug—put the leftover material in a place in the watercourse where it is unlikely to— (i) interrupt, divert or stop the flow of water in the watercourse; or (ii) disturb the watercourse’s usual course at low flow.\n- (i) interrupt, divert or stop the flow of water in the watercourse; or\n- (ii) disturb the watercourse’s usual course at low flow.\n- (i) interrupt, divert or stop the flow of water in the watercourse; or\n- (ii) disturb the watercourse’s usual course at low flow.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Disposal of human waste","content":"### sec.12 Disposal of human waste\n\nA person fossicking under a licence or camping under a permit on land must dispose of all human waste made by the person—\nif there are facilities for disposing of human waste on the land—by using the facilities; or\notherwise—by burying the waste—\nat least 20m from the nearest high bank of any watercourse; and\nat least 20cm below the land’s surface.\nMaximum penalty—5 penalty units.\n- (a) if there are facilities for disposing of human waste on the land—by using the facilities; or\n- (b) otherwise—by burying the waste— (i) at least 20m from the nearest high bank of any watercourse; and (ii) at least 20cm below the land’s surface.\n- (i) at least 20m from the nearest high bank of any watercourse; and\n- (ii) at least 20cm below the land’s surface.\n- (i) at least 20m from the nearest high bank of any watercourse; and\n- (ii) at least 20cm below the land’s surface.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Land to be left safe","content":"### sec.13 Land to be left safe\n\nA person who has stopped fossicking under a licence or camping under a permit on land must, immediately before leaving the land, make the person’s fossicking or camp site safe for other fossickers, stock and the owner of the land.\nfilling in a place dug by the person on the site\nMaximum penalty—5 penalty units.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Land to be left tidy","content":"### sec.14 Land to be left tidy\n\nA person who has stopped fossicking under a licence or camping under a permit on land must, immediately before leaving the land—\nremove the person’s camping structures from the camp site; and\nremove the person’s rubbish from the camp or fossicking site; and\nmake the camp or fossicking site tidy.\nMaximum penalty—5 penalty units.\n- (a) remove the person’s camping structures from the camp site; and\n- (b) remove the person’s rubbish from the camp or fossicking site; and\n- (c) make the camp or fossicking site tidy.","sortOrder":17},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Conduct of persons on designated fossicking land and fossicking areas","content":"## Conduct of persons on designated fossicking land and fossicking areas","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Structures, dams and machinery","content":"### sec.15 Structures, dams and machinery\n\nA person must not erect an enclosed structure, dam or pipeline, or install fixed machinery, on designated fossicking land or a fossicking area.\nMaximum penalty—50 penalty units.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Routes, tracks and roads","content":"### sec.16 Routes, tracks and roads\n\nA person must not mark out, bulldoze, grade or make a route, track or road on designated fossicking land or a fossicking area—\nwithout the written approval of the chief executive, the land manager for the land or the owner of the land; or\nin contravention of a condition of a written approval mentioned in paragraph (a) .\nMaximum penalty—20 penalty units.\n- (a) without the written approval of the chief executive, the land manager for the land or the owner of the land; or\n- (b) in contravention of a condition of a written approval mentioned in paragraph (a) .","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Use of vehicles","content":"### sec.17 Use of vehicles\n\nThis section applies in relation to designated fossicking land and fossicking areas, but does not apply in relation to a public road on the land.\nA person must not drive a vehicle on the land unless—\nthe vehicle is registered; and\nthe person holds a licence to drive the vehicle under—\nthe Transport Operations (Road Use Management) Act 1995 ; or\na law of another State that provides for the same matter as that Act.\nMaximum penalty—5 penalty units.\nAlso, a person must not drive a vehicle on the land—\nat more than 50km/h; or\nother than on a made track or road; or\nin a way that—\nunreasonably interferes with another person’s use of the land; or\nendangers anyone on the land, including the driver; or\ndamages a road surface; or\nmakes excessive noise or dust.\nMaximum penalty—5 penalty units.\nDespite subsection (3) (b) , a person may drive a vehicle on regulated camping land, other than on a made track or road, if the person—\ndoes not drive at more than 15km/h; and\ndoes not interfere with any improvement on the land; and\nis driving for the purpose of making camp only.\n(sec.17-ssec.1) This section applies in relation to designated fossicking land and fossicking areas, but does not apply in relation to a public road on the land.\n(sec.17-ssec.2) A person must not drive a vehicle on the land unless— the vehicle is registered; and the person holds a licence to drive the vehicle under— the Transport Operations (Road Use Management) Act 1995 ; or a law of another State that provides for the same matter as that Act. Maximum penalty—5 penalty units.\n(sec.17-ssec.3) Also, a person must not drive a vehicle on the land— at more than 50km/h; or other than on a made track or road; or in a way that— unreasonably interferes with another person’s use of the land; or endangers anyone on the land, including the driver; or damages a road surface; or makes excessive noise or dust. Maximum penalty—5 penalty units.\n(sec.17-ssec.4) Despite subsection (3) (b) , a person may drive a vehicle on regulated camping land, other than on a made track or road, if the person— does not drive at more than 15km/h; and does not interfere with any improvement on the land; and is driving for the purpose of making camp only.\n- (a) the vehicle is registered; and\n- (b) the person holds a licence to drive the vehicle under— (i) the Transport Operations (Road Use Management) Act 1995 ; or (ii) a law of another State that provides for the same matter as that Act.\n- (i) the Transport Operations (Road Use Management) Act 1995 ; or\n- (ii) a law of another State that provides for the same matter as that Act.\n- (i) the Transport Operations (Road Use Management) Act 1995 ; or\n- (ii) a law of another State that provides for the same matter as that Act.\n- (a) at more than 50km/h; or\n- (b) other than on a made track or road; or\n- (c) in a way that— (i) unreasonably interferes with another person’s use of the land; or (ii) endangers anyone on the land, including the driver; or (iii) damages a road surface; or (iv) makes excessive noise or dust.\n- (i) unreasonably interferes with another person’s use of the land; or\n- (ii) endangers anyone on the land, including the driver; or\n- (iii) damages a road surface; or\n- (iv) makes excessive noise or dust.\n- (i) unreasonably interferes with another person’s use of the land; or\n- (ii) endangers anyone on the land, including the driver; or\n- (iii) damages a road surface; or\n- (iv) makes excessive noise or dust.\n- (a) does not drive at more than 15km/h; and\n- (b) does not interfere with any improvement on the land; and\n- (c) is driving for the purpose of making camp only.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Other prohibited conduct","content":"### sec.18 Other prohibited conduct\n\nA person on designated fossicking land or a fossicking area must not—\nuse an explosive, firearm or trap on the land, unless the person has a reasonable excuse; or\noperate a generator, engine-driven equipment, radio or other electrical appliance in a way that unreasonably interferes with another person’s use of the land; or\ndamage or destroy a wall, fence, building, barrier, sign, receptacle or other structure; or\nlight a fire—\nin a place other than a cleared space with a radius of at least 2m or a constructed fireplace; or\nin contravention of a sign erected on the land by the chief executive; or\nbring an animal onto the land in contravention of a sign erected on the land by the chief executive.\nMaximum penalty—20 penalty units.\nIn this section—\nexplosive see the Explosives Act 1999 , schedule 2 .\nfirearm see the Weapons Act 1990 , schedule 2 .\ntrap means a device or equipment used to attract, capture or detect an animal.\n(sec.18-ssec.1) A person on designated fossicking land or a fossicking area must not— use an explosive, firearm or trap on the land, unless the person has a reasonable excuse; or operate a generator, engine-driven equipment, radio or other electrical appliance in a way that unreasonably interferes with another person’s use of the land; or damage or destroy a wall, fence, building, barrier, sign, receptacle or other structure; or light a fire— in a place other than a cleared space with a radius of at least 2m or a constructed fireplace; or in contravention of a sign erected on the land by the chief executive; or bring an animal onto the land in contravention of a sign erected on the land by the chief executive. Maximum penalty—20 penalty units.\n(sec.18-ssec.2) In this section— explosive see the Explosives Act 1999 , schedule 2 . firearm see the Weapons Act 1990 , schedule 2 . trap means a device or equipment used to attract, capture or detect an animal.\n- (a) use an explosive, firearm or trap on the land, unless the person has a reasonable excuse; or\n- (b) operate a generator, engine-driven equipment, radio or other electrical appliance in a way that unreasonably interferes with another person’s use of the land; or\n- (c) damage or destroy a wall, fence, building, barrier, sign, receptacle or other structure; or\n- (d) light a fire— (i) in a place other than a cleared space with a radius of at least 2m or a constructed fireplace; or (ii) in contravention of a sign erected on the land by the chief executive; or\n- (i) in a place other than a cleared space with a radius of at least 2m or a constructed fireplace; or\n- (ii) in contravention of a sign erected on the land by the chief executive; or\n- (e) bring an animal onto the land in contravention of a sign erected on the land by the chief executive.\n- (i) in a place other than a cleared space with a radius of at least 2m or a constructed fireplace; or\n- (ii) in contravention of a sign erected on the land by the chief executive; or","sortOrder":22},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miners common— Act , s 107","content":"# Miners common— Act , s 107","sortOrder":23},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Name and boundaries of miners common","content":"### sec.19 Name and boundaries of miners common\n\nThe name of the miners common is the ‘Rubyvale, Sapphire and Scrub Lead Miners Common’.\nThe boundaries of the miners common contain all land, other than occupied land, within the designated fossicking land and fossicking areas stated in schedule 5 .\n(sec.19-ssec.1) The name of the miners common is the ‘Rubyvale, Sapphire and Scrub Lead Miners Common’.\n(sec.19-ssec.2) The boundaries of the miners common contain all land, other than occupied land, within the designated fossicking land and fossicking areas stated in schedule 5 .","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Controller","content":"### sec.20 Controller\n\nThe Central Highlands Regional Council is the controller of the miners common.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Powers and functions of controller","content":"### sec.21 Powers and functions of controller\n\nThe controller may authorise its chief executive officer to do anything necessary to be done for the performance of the controller’s functions under this part.\nWithout limiting subsection (1) , the controller may authorise the chief executive officer to appoint a person the chief executive officer considers has the necessary training and experience to perform the controller’s functions.\nThe chief executive officer may, in the appointment, impose conditions on the performance of the functions.\n(sec.21-ssec.1) The controller may authorise its chief executive officer to do anything necessary to be done for the performance of the controller’s functions under this part.\n(sec.21-ssec.2) Without limiting subsection (1) , the controller may authorise the chief executive officer to appoint a person the chief executive officer considers has the necessary training and experience to perform the controller’s functions.\n(sec.21-ssec.3) The chief executive officer may, in the appointment, impose conditions on the performance of the functions.","sortOrder":27},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Agistment of stock","content":"## Agistment of stock","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Approval needed","content":"### sec.22 Approval needed\n\nA person must not agist stock on the miners common unless the person—\nis an individual who owns and lives on land in the Rubyvale–Sapphire area; and\nhas the controller’s written approval (an agistment approval ) to agist the stock.\nMaximum penalty—20 penalty units.\nAn application for an agistment approval must—\nbe in writing; and\nstate the number of head of stock to be agisted under the approval; and\nbe accompanied by—\ndocumentary evidence establishing the applicant owns, or has permission to keep, the stock; and\nthe fee mentioned in schedule 6 for the application.\nThe controller must give the applicant the agistment approval if—\nthe controller is satisfied the applicant owns, or has the permission needed to keep, the stock; and\nsection 23 does not apply in relation to the applicant.\nIf the controller gives the applicant the agistment approval, the controller must give to the applicant a tag (an agistment tag ) for each head of stock to be agisted under the approval.\nIn this section—\nRubyvale–Sapphire area means land within the boundaries shown on plans mentioned in schedule 1 , column 2 for the areas of the following designated fossicking land—\nDivide\nReward\nRubyvale\nSapphire\nScrub Lead.\n(sec.22-ssec.1) A person must not agist stock on the miners common unless the person— is an individual who owns and lives on land in the Rubyvale–Sapphire area; and has the controller’s written approval (an agistment approval ) to agist the stock. Maximum penalty—20 penalty units.\n(sec.22-ssec.2) An application for an agistment approval must— be in writing; and state the number of head of stock to be agisted under the approval; and be accompanied by— documentary evidence establishing the applicant owns, or has permission to keep, the stock; and the fee mentioned in schedule 6 for the application.\n(sec.22-ssec.3) The controller must give the applicant the agistment approval if— the controller is satisfied the applicant owns, or has the permission needed to keep, the stock; and section 23 does not apply in relation to the applicant.\n(sec.22-ssec.4) If the controller gives the applicant the agistment approval, the controller must give to the applicant a tag (an agistment tag ) for each head of stock to be agisted under the approval.\n(sec.22-ssec.5) In this section— Rubyvale–Sapphire area means land within the boundaries shown on plans mentioned in schedule 1 , column 2 for the areas of the following designated fossicking land— Divide Reward Rubyvale Sapphire Scrub Lead.\n- (a) is an individual who owns and lives on land in the Rubyvale–Sapphire area; and\n- (b) has the controller’s written approval (an agistment approval ) to agist the stock.\n- (a) be in writing; and\n- (b) state the number of head of stock to be agisted under the approval; and\n- (c) be accompanied by— (i) documentary evidence establishing the applicant owns, or has permission to keep, the stock; and (ii) the fee mentioned in schedule 6 for the application.\n- (i) documentary evidence establishing the applicant owns, or has permission to keep, the stock; and\n- (ii) the fee mentioned in schedule 6 for the application.\n- (i) documentary evidence establishing the applicant owns, or has permission to keep, the stock; and\n- (ii) the fee mentioned in schedule 6 for the application.\n- (a) the controller is satisfied the applicant owns, or has the permission needed to keep, the stock; and\n- (b) section 23 does not apply in relation to the applicant.\n- • Divide\n- • Reward\n- • Rubyvale\n- • Sapphire\n- • Scrub Lead.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"When agistment approval must not be given","content":"### sec.23 When agistment approval must not be given\n\nThe controller must not give an agistment approval to a minor.\nAlso, the controller must not give an agistment approval if—\nthe approval would allow a person to agist more than 20 head of stock on the miners common; or\nthe approval would increase the number of stock agisted on the miners common to more than the carrying capacity of the miners common; or\nthe controller considers that, because of the condition of the miners common, the stock for which the approval is sought can not be supported.\n(sec.23-ssec.1) The controller must not give an agistment approval to a minor.\n(sec.23-ssec.2) Also, the controller must not give an agistment approval if— the approval would allow a person to agist more than 20 head of stock on the miners common; or the approval would increase the number of stock agisted on the miners common to more than the carrying capacity of the miners common; or the controller considers that, because of the condition of the miners common, the stock for which the approval is sought can not be supported.\n- (a) the approval would allow a person to agist more than 20 head of stock on the miners common; or\n- (b) the approval would increase the number of stock agisted on the miners common to more than the carrying capacity of the miners common; or\n- (c) the controller considers that, because of the condition of the miners common, the stock for which the approval is sought can not be supported.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Agistment approval not transferable","content":"### sec.24 Agistment approval not transferable\n\nAn agistment approval is not transferable.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"How long agistment approval remains in force","content":"### sec.25 How long agistment approval remains in force\n\nAn agistment approval remains in force for the period stated in the approval.\nHowever, an agistment approval lapses if the approval holder does not, within 14 days after the day stated in the approval—\npay the agistment fee mentioned in schedule 6 for the approval; and\nstart agisting stock on the miners common.\n(sec.25-ssec.1) An agistment approval remains in force for the period stated in the approval.\n(sec.25-ssec.2) However, an agistment approval lapses if the approval holder does not, within 14 days after the day stated in the approval— pay the agistment fee mentioned in schedule 6 for the approval; and start agisting stock on the miners common.\n- (a) pay the agistment fee mentioned in schedule 6 for the approval; and\n- (b) start agisting stock on the miners common.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Agistment tags","content":"### sec.26 Agistment tags\n\nThe holder of an agistment approval must ensure each animal agisted under the approval is tagged with an agistment tag.\nMaximum penalty—20 penalty units.\nThe holder of an agistment approval must, within 7 days after the agistment approval ends, return to the controller all agistment tags relating to the approval that are in the holder’s possession.\nMaximum penalty—20 penalty units.\n(sec.26-ssec.1) The holder of an agistment approval must ensure each animal agisted under the approval is tagged with an agistment tag. Maximum penalty—20 penalty units.\n(sec.26-ssec.2) The holder of an agistment approval must, within 7 days after the agistment approval ends, return to the controller all agistment tags relating to the approval that are in the holder’s possession. Maximum penalty—20 penalty units.","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Replacing agistment tags","content":"### sec.27 Replacing agistment tags\n\nThe holder of an agistment approval may apply to the controller to replace an agistment tag if it is lost, stolen, destroyed or damaged.\nThe application must—\nbe in writing; and\nstate how the agistment tag was lost, stolen, damaged or destroyed; and\nbe accompanied by the replacement fee for the agistment tag mentioned in schedule 6 .\nIf the controller is satisfied the agistment tag has been lost, stolen, destroyed or damaged, the controller must issue a replacement tag to the person.\n(sec.27-ssec.1) The holder of an agistment approval may apply to the controller to replace an agistment tag if it is lost, stolen, destroyed or damaged.\n(sec.27-ssec.2) The application must— be in writing; and state how the agistment tag was lost, stolen, damaged or destroyed; and be accompanied by the replacement fee for the agistment tag mentioned in schedule 6 .\n(sec.27-ssec.3) If the controller is satisfied the agistment tag has been lost, stolen, destroyed or damaged, the controller must issue a replacement tag to the person.\n- (a) be in writing; and\n- (b) state how the agistment tag was lost, stolen, damaged or destroyed; and\n- (c) be accompanied by the replacement fee for the agistment tag mentioned in schedule 6 .","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Carrying capacity of miners common","content":"### sec.28 Carrying capacity of miners common\n\nThe carrying capacity of the miners common is—\nif the controller varies the carrying capacity under section 29 —the carrying capacity decided under that section; or\notherwise—400 head of stock.\n- (a) if the controller varies the carrying capacity under section 29 —the carrying capacity decided under that section; or\n- (b) otherwise—400 head of stock.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Variation of carrying capacity of miners common","content":"### sec.29 Variation of carrying capacity of miners common\n\nThe controller may vary the carrying capacity of the miners common as follows—\nif the controller considers there is more stock on the miners common than it can support—by reducing the carrying capacity;\nif the controller considers the miners common can support more than the number of stock agisted on it without adversely affecting future agistment—by increasing the carrying capacity.\nThe controller may vary the carrying capacity only in a way that ensures, as far as is reasonably practicable, no existing or prospective holder of an agistment approval is treated more favourably than any other holder.\nSubsection (1) (b) does not authorise the controller to increase the number of stock a person may agist on the miners common to more than 20 head of stock.\n(sec.29-ssec.1) The controller may vary the carrying capacity of the miners common as follows— if the controller considers there is more stock on the miners common than it can support—by reducing the carrying capacity; if the controller considers the miners common can support more than the number of stock agisted on it without adversely affecting future agistment—by increasing the carrying capacity.\n(sec.29-ssec.2) The controller may vary the carrying capacity only in a way that ensures, as far as is reasonably practicable, no existing or prospective holder of an agistment approval is treated more favourably than any other holder.\n(sec.29-ssec.3) Subsection (1) (b) does not authorise the controller to increase the number of stock a person may agist on the miners common to more than 20 head of stock.\n- (a) if the controller considers there is more stock on the miners common than it can support—by reducing the carrying capacity;\n- (b) if the controller considers the miners common can support more than the number of stock agisted on it without adversely affecting future agistment—by increasing the carrying capacity.","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Notice of reduction of carrying capacity of miners common","content":"### sec.30 Notice of reduction of carrying capacity of miners common\n\nIf the controller reduces the carrying capacity of the miners common under section 29 (1) (a) , the controller must give written notice of the reduction to each agistment approval holder affected by the reduction.\nThe notice must—\nstate the number of stock the approval holder may agist; and\nask the approval holder to reduce the number of stock agisted under the approval to the stated number within a stated period.\nThe agistment approval holder must comply with the notice, unless the holder has a reasonable excuse.\nMaximum penalty—20 penalty units.\n(sec.30-ssec.1) If the controller reduces the carrying capacity of the miners common under section 29 (1) (a) , the controller must give written notice of the reduction to each agistment approval holder affected by the reduction.\n(sec.30-ssec.2) The notice must— state the number of stock the approval holder may agist; and ask the approval holder to reduce the number of stock agisted under the approval to the stated number within a stated period.\n(sec.30-ssec.3) The agistment approval holder must comply with the notice, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.\n- (a) state the number of stock the approval holder may agist; and\n- (b) ask the approval holder to reduce the number of stock agisted under the approval to the stated number within a stated period.","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Mustering","content":"### sec.31 Mustering\n\nThe controller must muster stock agisted on the miners common at least once, but not more than 6 times, a year.\nThe controller may muster the stock only—\nto find stock unlawfully agisted on the common; or\nto dip or spray stock agisted on the common; or\nto monitor the health of stock agisted on the common.\n(sec.31-ssec.1) The controller must muster stock agisted on the miners common at least once, but not more than 6 times, a year.\n(sec.31-ssec.2) The controller may muster the stock only— to find stock unlawfully agisted on the common; or to dip or spray stock agisted on the common; or to monitor the health of stock agisted on the common.\n- (a) to find stock unlawfully agisted on the common; or\n- (b) to dip or spray stock agisted on the common; or\n- (c) to monitor the health of stock agisted on the common.","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Register of agistment approvals","content":"### sec.32 Register of agistment approvals\n\nThe controller must keep a register of agistment approvals.\nThe register must include the following details for each agistment approval—\nthe name and address of the approval holder;\nthe number of stock that may be agisted under the approval;\nthe number of each tag issued to the approval holder by the controller;\namounts the controller receives for agistment fees and replacement tags.\nThe controller must keep the details of the register mentioned in subsection (2) (b) to (d) available for inspection during business hours, free of charge.\n(sec.32-ssec.1) The controller must keep a register of agistment approvals.\n(sec.32-ssec.2) The register must include the following details for each agistment approval— the name and address of the approval holder; the number of stock that may be agisted under the approval; the number of each tag issued to the approval holder by the controller; amounts the controller receives for agistment fees and replacement tags.\n(sec.32-ssec.3) The controller must keep the details of the register mentioned in subsection (2) (b) to (d) available for inspection during business hours, free of charge.\n- (a) the name and address of the approval holder;\n- (b) the number of stock that may be agisted under the approval;\n- (c) the number of each tag issued to the approval holder by the controller;\n- (d) amounts the controller receives for agistment fees and replacement tags.","sortOrder":39},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Term of fossickers camping permits— Act , s 63","content":"### sec.33 Term of fossickers camping permits— Act , s 63\n\nFor section 63 (2) of the Act , the maximum term is 3 months.","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"Commission or part of prescribed fee— Act , s 71","content":"### sec.34 Commission or part of prescribed fee— Act , s 71\n\nFor section 71 (4) of the Act , the commission or part of the prescribed fee is 10% of the fee.","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Value for abandoned property— Act , s 97","content":"### sec.35 Value for abandoned property— Act , s 97\n\nFor section 97 (5) of the Act , the prescribed value is $1,000.","sortOrder":43},{"sectionNumber":"sec.36","sectionType":"section","heading":"Fees","content":"### sec.36 Fees\n\nThe fees payable under the Act are stated in schedule 6 .","sortOrder":44},{"sectionNumber":"pt.6","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Definition for part","content":"### sec.37 Definition for part\n\nIn this part—\nrepealed regulation means the repealed Fossicking Regulation 2009 , as in force from time to time before the commencement.","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Repeal","content":"### sec.38 Repeal\n\nThe Fossicking Regulation 2009 , SL No. 167 is repealed.","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"Authorisations and appointments","content":"### sec.39 Authorisations and appointments\n\nAn authorisation mentioned in section 24(1) or (2) of the repealed regulation that was in effect immediately before the commencement—\ncontinues in effect; and\non the commencement, is taken to have been given under section 21(1) or (2) of this regulation.\nAn appointment made under an authorisation mentioned in subsection (1) that was in effect immediately before the commencement—\ncontinues in effect; and\non the commencement, is taken to have been made under section 21(2) of this regulation.\nIf a condition was imposed in the appointment under section 24(3) of the repealed regulation, the condition—\ncontinues in effect; and\non the commencement, is taken to have been imposed under section 21(3) of this regulation.\n(sec.39-ssec.1) An authorisation mentioned in section 24(1) or (2) of the repealed regulation that was in effect immediately before the commencement— continues in effect; and on the commencement, is taken to have been given under section 21(1) or (2) of this regulation.\n(sec.39-ssec.2) An appointment made under an authorisation mentioned in subsection (1) that was in effect immediately before the commencement— continues in effect; and on the commencement, is taken to have been made under section 21(2) of this regulation.\n(sec.39-ssec.3) If a condition was imposed in the appointment under section 24(3) of the repealed regulation, the condition— continues in effect; and on the commencement, is taken to have been imposed under section 21(3) of this regulation.\n- (a) continues in effect; and\n- (b) on the commencement, is taken to have been given under section 21(1) or (2) of this regulation.\n- (a) continues in effect; and\n- (b) on the commencement, is taken to have been made under section 21(2) of this regulation.\n- (a) continues in effect; and\n- (b) on the commencement, is taken to have been imposed under section 21(3) of this regulation.","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Applications for agistment approvals","content":"### sec.40 Applications for agistment approvals\n\nThis section applies to an application under section 25(2) of the repealed regulation made, but not finally decided, before the commencement.\nOn the commencement, the application is taken to be an application for an agistment approval under section 22(2) of this regulation.\n(sec.40-ssec.1) This section applies to an application under section 25(2) of the repealed regulation made, but not finally decided, before the commencement.\n(sec.40-ssec.2) On the commencement, the application is taken to be an application for an agistment approval under section 22(2) of this regulation.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Agistment approvals","content":"### sec.41 Agistment approvals\n\nThis section applies to an agistment approval given under the repealed regulation that was in force immediately before the commencement.\nOn the commencement, the agistment approval is taken to be an agistment approval given under section 22(3) of this regulation.\n(sec.41-ssec.1) This section applies to an agistment approval given under the repealed regulation that was in force immediately before the commencement.\n(sec.41-ssec.2) On the commencement, the agistment approval is taken to be an agistment approval given under section 22(3) of this regulation.","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Agistment tags","content":"### sec.42 Agistment tags\n\nAn agistment tag issued to the holder of an agistment approval under the repealed regulation is, on the commencement, taken to be an agistment tag given to the holder under section 22(4) of this regulation.","sortOrder":51},{"sectionNumber":"sec.43","sectionType":"section","heading":"Notices of varied carrying capacity","content":"### sec.43 Notices of varied carrying capacity\n\nThis section applies in relation to an agistment approval holder if, before the commencement, the controller gave the holder a notice under section 31 of the repealed regulation.\nOn the commencement, the notice is taken to be a notice given under section 30 of this regulation.\n(sec.43-ssec.1) This section applies in relation to an agistment approval holder if, before the commencement, the controller gave the holder a notice under section 31 of the repealed regulation.\n(sec.43-ssec.2) On the commencement, the notice is taken to be a notice given under section 30 of this regulation.","sortOrder":52},{"sectionNumber":"sec.44","sectionType":"section","heading":"References to repealed regulation","content":"### sec.44 References to repealed regulation\n\nIn a document, if the context permits, a reference to the repealed regulation may be taken to be a reference to this regulation.\nFor this section, a reference in the document to a provision of the repealed regulation may be taken to be a reference to a provision of this regulation that provides for the same, or substantially the same, matter as the repealed provision.\n(sec.44-ssec.1) In a document, if the context permits, a reference to the repealed regulation may be taken to be a reference to this regulation.\n(sec.44-ssec.2) For this section, a reference in the document to a provision of the repealed regulation may be taken to be a reference to a provision of this regulation that provides for the same, or substantially the same, matter as the repealed provision.","sortOrder":53},{"sectionNumber":"sec.45","sectionType":"section","heading":"Application of Acts Interpretation Act 1954 , s 20","content":"### sec.45 Application of Acts Interpretation Act 1954 , s 20\n\nThis part does not limit the operation of the Acts Interpretation Act 1954 , section 20 , other than to the extent an intention contrary to that section is expressed.","sortOrder":54},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Designated fossicking land","content":"# Designated fossicking land","sortOrder":55},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":null,"content":"### Section sch.3-sec\n\nthe part of Sapphire shown on plan no. MP34657, with an area of about 670ha\nthe parts of Scrub Lead and Rubyvale shown on plan no. MP34656, with an area of about 540ha\nWillows\n(sch.3-sec-ssec.1) the part of Sapphire shown on plan no. MP34657, with an area of about 670ha\n(sch.3-sec-ssec.2) the parts of Scrub Lead and Rubyvale shown on plan no. MP34656, with an area of about 540ha\n(sch.3-sec-ssec.3) Willows","sortOrder":56},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Fossicking areas","content":"# Fossicking areas","sortOrder":57},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"Note—","content":"### sch.3-sec-oc.2 Note—\n\nAgate Creek\nDeep Creek\nMount Gibson\nO’Briens Creek\nThanes Creek\nYowah\nA plan mentioned in schedule 2 for a fossicking area shows the limits of the prohibited camping land.\n(sch.3-sec-oc.2-ssec.1) Agate Creek\n(sch.3-sec-oc.2-ssec.2) Deep Creek\n(sch.3-sec-oc.2-ssec.3) Mount Gibson\n(sch.3-sec-oc.2-ssec.4) O’Briens Creek\n(sch.3-sec-oc.2-ssec.5) Thanes Creek\n(sch.3-sec-oc.2-ssec.6) Yowah A plan mentioned in schedule 2 for a fossicking area shows the limits of the prohibited camping land.","sortOrder":58},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Designated fossicking land","content":"# Designated fossicking land","sortOrder":59},{"sectionNumber":"sch.4-sec","sectionType":"section","heading":null,"content":"### Section sch.4-sec\n\nDivide\nDuck Creek\nOpalton\nReward\nRubyvale, other than prohibited camping land\nSapphire, other than prohibited camping land\nScrub Lead, other than prohibited camping land\nSheep Station Creek\n(sch.4-sec-ssec.1) Divide\n(sch.4-sec-ssec.2) Duck Creek\n(sch.4-sec-ssec.3) Opalton\n(sch.4-sec-ssec.4) Reward\n(sch.4-sec-ssec.5) Rubyvale, other than prohibited camping land\n(sch.4-sec-ssec.6) Sapphire, other than prohibited camping land\n(sch.4-sec-ssec.7) Scrub Lead, other than prohibited camping land\n(sch.4-sec-ssec.8) Sheep Station Creek","sortOrder":60},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Fossicking areas","content":"# Fossicking areas","sortOrder":61},{"sectionNumber":"sch.4-sec-oc.2","sectionType":"section","heading":null,"content":"### Section sch.4-sec-oc.2\n\nBig Bessie\nGlenalva\nGraves Hill\nMiddle Ridge\nTomahawk Creek\n(sch.4-sec-oc.2-ssec.1) Big Bessie\n(sch.4-sec-oc.2-ssec.2) Glenalva\n(sch.4-sec-oc.2-ssec.3) Graves Hill\n(sch.4-sec-oc.2-ssec.4) Middle Ridge\n(sch.4-sec-oc.2-ssec.5) Tomahawk Creek","sortOrder":62},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Designated fossicking land","content":"# Designated fossicking land","sortOrder":63},{"sectionNumber":"sch.5-sec","sectionType":"section","heading":null,"content":"### Section sch.5-sec\n\nRubyvale\nSapphire\nScrub Lead\n(sch.5-sec-ssec.1) Rubyvale\n(sch.5-sec-ssec.2) Sapphire\n(sch.5-sec-ssec.3) Scrub Lead","sortOrder":64},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Fossicking areas","content":"# Fossicking areas","sortOrder":65},{"sectionNumber":"sch.5-sec-oc.2","sectionType":"section","heading":null,"content":"### Section sch.5-sec-oc.2\n\nBig Bessie\nGraves Hill\nMiddle Ridge\n(sch.5-sec-oc.2-ssec.1) Big Bessie\n(sch.5-sec-oc.2-ssec.2) Graves Hill\n(sch.5-sec-oc.2-ssec.3) Middle Ridge","sortOrder":66}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation primarily consolidates and replaces the 2009 regulation while continuing existing authorisations and appointments (secs 38–44). It formalises designated lands, behavioural rules, penalties and an agistment regime with a default carrying capacity (sec 28) and controller discretion to vary capacity (sec 29). Transitional clauses preserve prior approvals and pending applications, indicating continuity rather than a substantive widening or narrowing of scope (secs 39–43)."},"complexity_factors":["Multiple land designations and schedules mapping designated fossicking land, fossicking areas, and camping restrictions (schedules 1–5; secs 5–8)","Operational rules with technical limits and penalties (displaying permits, waste disposal, watercourse setbacks, vehicle speeds) creating many compliance points (secs 9–14, 11, 12, 17)","Administrative regime for the miners common including controller powers, appointments and discretion (Central Highlands Regional Council as controller) (secs 19–21)","Agistment approval system with eligibility, non-transferability, tags, register, fees and carrying capacity limits—mix of objective limits and controller discretion (secs 22–32; sec 28 default capacity 400)","Fees and monetary thresholds set by schedules and sections (fees in schedule 6; secs 34–36; prescribed value $1,000 sec 35)","Interaction with other Acts and prior regulation via cross-references and transitional provisions, increasing interpretive steps (Acts named in secs 18, 45; repeal and transitional provisions secs 38–44)"],"plain_english_summary":"This regulation sets rules for fossicking and camping on named parcels of land, prescribes conduct (waste, vehicle use, fires, watercourse limits), assigns penalties, and creates a miners common managed by the Central Highlands Regional Council with an agistment (stock grazing) approval, tag and fee system. It also repeals the 2009 regulation and preserves existing authorisations. It matters to fossickers, campers, landowners, the controller and anyone agisting stock because it determines permitted activities, fees, enforcement and administrative discretion."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears to be a straightforward replacement and modernisation of the 2009 Fossicking Regulation, covering the same core subject matter: rules of conduct for fossickers and campers, land classifications, and management of the Rubyvale–Sapphire Miners Common. The transitional provisions confirm the intent was continuity rather than expansion of scope. No evidence of scope creep beyond the original regulatory purpose."},"complexity_factors":["The regulation operates under and cross-references a parent Act (the Fossicking Act), requiring readers to consult that Act for full context","Multiple land classification types (designated fossicking land, fossicking areas, prohibited camping land, regulated camping land, miners common) with different rules applying to each","Detailed transitional provisions carrying over rights, approvals, and tags from the repealed 2009 regulation","The miners common agistment (livestock grazing) framework adds a distinct and somewhat technical administrative layer","Schedules listing specific land parcels and plan numbers require geographic cross-referencing to be fully understood","Some provisions use legally precise distance and measurement thresholds (e.g. 40m, 3m, 20m, 20cm, 300m downstream) that have practical implications but require careful reading"],"plain_english_summary":"The Fossicking Regulation 2019 governs hobbyist fossicking and camping on designated Queensland public lands, setting permit display, environmental protection, vehicle, waste and safety rules and banning explosives, permanent works and similar hazards. It also governs grazing on the Rubyvale–Sapphire “Miners Common” (local approval, tagging and stock limits, council management). It replaces the 2009 regulation and includes penalty provisions to enforce compliance."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.11(2)(d)","severity":"medium","reasoning":"The natural reading of 'cause stream turbidity more than 300m downstream' means turbidity that extends/travels more than 300m. This creates a perverse incentive: causing minor turbidity that stays within 300m is an offence, while causing greater turbidity spreading further than 300m satisfies the prohibition. The practical effect inverts the environmental protection intent.","confidence":0.72,"description":"The prohibition on causing stream turbidity 'more than 300m downstream' is logically inverted. The provision as written would prohibit turbidity that extends beyond 300m, but would permit turbidity up to 300m downstream. If anything, the drafters likely intended to prohibit fossicking that causes turbidity at all within 300m, not to set a minimum distance for permissible turbidity. As written, a fossicker who causes turbidity only 299m downstream is in breach, but one who causes turbidity exactly 301m downstream is not — an absurd outcome rewarding greater pollution."},{"type":"impossible_compliance","section":"sec.13 and sec.14","severity":"low","reasoning":"The word 'immediately' before leaving cannot accommodate a series of sequential remediation tasks. While courts would likely read this sensibly, the drafting creates technical non-compliance for any person who completes the tasks in stages rather than instantaneously.","confidence":0.55,"description":"Both sections require compliance 'immediately before leaving the land', but the obligations are potentially impossible to perform simultaneously and in sequence. Section 13 requires making the site 'safe' (including filling in dug places) and section 14 requires making the site 'tidy' and removing rubbish — both at the same instant ('immediately before leaving'). More critically, filling in dug places (sec.13) and then removing camping structures and rubbish (sec.14) logically require sequential steps, not simultaneous action, creating an impossible temporal compliance requirement."},{"type":"other","section":"sec.17(4)","severity":"low","reasoning":"The drafting assumes regulated camping land is a distinct category from designated fossicking land/fossicking areas for vehicle purposes, but schedule 4 shows regulated camping land overlaps with designated fossicking land. The 'despite' in subsection (4) is intended to resolve this but creates confusion about whether the registration/licence requirements in subsection (2) still apply when driving off-track under the subsection (4) exception.","confidence":0.6,"description":"Section 17(4) permits driving off-track on 'regulated camping land' for the purpose of making camp, but section 17(1) applies the entire section to 'designated fossicking land and fossicking areas'. Regulated camping land (defined in sec.8 and schedule 4) includes areas that are designated fossicking land or fossicking areas. The exception in subsection (4) references 'regulated camping land' as a sub-category, but the general prohibition in subsection (3)(b) applies to all designated fossicking land and fossicking areas including those that are also regulated camping land. This creates an internal inconsistency between the scope of subsection (1) and the carve-out in subsection (4)."},{"type":"impossible_compliance","section":"sec.22(1)(a)","severity":"low","reasoning":"The conjunctive requirement (own AND live on) creates compliance difficulties for landowners who are temporarily absent. However, courts would likely read 'lives on' as ordinarily resident rather than physically present at all times, reducing but not eliminating the concern.","confidence":0.5,"description":"The requirement that an applicant for agistment approval must 'own and live on land in the Rubyvale-Sapphire area' is potentially impossible to satisfy for persons who own land in the area but whose primary residence is elsewhere, even temporarily. More significantly, the requirement to both 'own' land AND 'live on' it simultaneously excludes landowners who are travelling, hospitalised, or temporarily absent — creating situations where a previously compliant approval holder may retroactively lose eligibility mid-approval."},{"type":"impossible_compliance","section":"sec.25(2)","severity":"medium","reasoning":"The lapse mechanism depends entirely on a 'day stated in the approval', but the regulation does not require approvals to contain such a day. This creates a gap where the lapse mechanism may be unworkable in practice if approvals are issued without specifying such a day.","confidence":0.65,"description":"Section 25(2) provides that an agistment approval lapses if the holder does not, within 14 days after 'the day stated in the approval', both pay the agistment fee AND start agisting stock. This creates an impossible compliance situation where the approval itself must state a specific day triggering these obligations, but section 22 contains no requirement that the approval state such a day. If no day is stated in the approval, the lapse mechanism in section 25(2) can never be triggered, rendering the provision ineffective."},{"type":"other","section":"sec.26(2)","severity":"low","reasoning":"The qualification 'in the holder's possession' does mitigate the harshest reading, but tags physically attached to animals still on the miners common after approval expiry are in legal limbo — arguably in the holder's constructive possession but physically inaccessible without mustering.","confidence":0.45,"description":"Section 26(2) requires the holder of an agistment approval to return agistment tags within 7 days after 'the agistment approval ends'. However, if animals still bearing the tags have been sold, escaped, died, or are otherwise no longer in the holder's possession, the holder cannot return tags that are physically on animals not in their possession. The section only requires return of tags 'in the holder's possession', which partially addresses this, but creates an odd incentive to not retrieve tags from animals before the approval ends."},{"type":"self_contradicting","section":"sec.10(1)(b)","severity":"medium","reasoning":"The regulation simultaneously permits clearing vegetation for digging (by implication in (b)) and prohibits destroying trees (in (a)). A fossicker clearing a treed area for digging would be compliant with (b) but potentially in breach of (a) unless they can establish reasonable excuse. This forces reliance on the reasonable excuse defence for conduct the regulation elsewhere implicitly permits.","confidence":0.7,"description":"Section 10(1)(b) prohibits clearing vegetation 'for a purpose other than digging the land cleared'. This implicitly permits clearing vegetation for the purpose of digging. However, section 10(1)(a) prohibits defacing, destroying or injuring a tree (subject to reasonable excuse). Clearing vegetation for digging will inevitably involve defacing, destroying or injuring trees, creating an internal tension where conduct permitted under (b) is simultaneously prohibited under (a), subject only to the 'reasonable excuse' defence in the preamble to subsection (1)."},{"type":"other","section":"sec.32(3)","severity":"medium","reasoning":"The omission of the name and address (subsection 2(a)) from the publicly inspectable portion of the register means a member of the public can see how many stock are approved and fees paid but cannot identify the approval holder. This defeats much of the utility of public inspection while simultaneously creating privacy gaps — the tag numbers disclosed could indirectly identify holders.","confidence":0.75,"description":"Section 32(3) requires the controller to make register details under subsection (2)(b) to (d) available for inspection 'during business hours, free of charge', but excludes subsection (2)(a) — the name and address of the approval holder. This means the number of stock, tag numbers, and fees paid are publicly accessible, but the identity of the person to whom those details relate is not. This creates a register that discloses financial and operational details without identifying who they relate to, rendering the public inspection right largely meaningless."},{"type":"other","section":"sec.4(1) and sec.4(2)","severity":"low","reasoning":"The duplication appears throughout multiple sections (sec.5, sec.6, sec.9, etc.) and is likely a document rendering issue rather than a substantive legislative defect. Confidence is accordingly low.","confidence":0.3,"description":"Section 4 appears to be duplicated in the legislation text — the substantive provisions appear twice (once as unnumbered paragraphs and again as subsections (1) and (2)). While this may be a formatting/rendering artefact, if treated as substantive duplication it creates redundancy that could cause interpretive confusion about whether the unnumbered paragraphs and the subsections are intended to have different legal effect."}],"contradictions":[{"severity":"low","section_a":"sec.10(1)(f)","section_b":"sec.31(2)(a)","confidence":0.45,"description":"Section 10(1)(f) prohibits a person fossicking or camping from interfering with 'stock' (subject to reasonable excuse). Section 31(2)(a) authorises the controller to muster stock on the miners common to find unlawfully agisted stock. The mustering process involves interfering with stock. If the controller or its appointed agent is fossicking or camping at the time of mustering, section 10(1)(f) could technically prohibit the very conduct authorised by section 31. The reasonable excuse provision partially mitigates this, but creates unnecessary legal uncertainty about whether controller-authorised mustering constitutes a 'reasonable excuse' for the fossicking prohibition."},{"severity":"low","section_a":"sec.15","section_b":"sec.11(2)(e)","confidence":0.4,"description":"Section 15 prohibits erecting 'an enclosed structure, dam or pipeline, or install fixed machinery' on designated fossicking land or a fossicking area. Section 11(2)(e) separately prohibits erecting 'a structure in the watercourse'. The prohibition in section 11(2)(e) applies only to watercourses, while section 15 applies to the land generally but is limited to enclosed structures, dams, pipelines and fixed machinery. An open/temporary structure erected in a watercourse that is not on designated fossicking land or a fossicking area is addressed by section 11 but not section 15. More significantly, section 11(2)(e) contains no 'reasonable excuse' defence while section 15 contains no such qualification either, but the two provisions operate with different penalty levels and scopes without clear hierarchy."},{"severity":"low","section_a":"sec.23(1)","section_b":"sec.22(3)","confidence":0.55,"description":"Section 22(3) provides that the controller 'must give' the agistment approval if the two conditions are met (satisfaction about stock ownership AND section 23 not applying). Section 23(1) provides the controller 'must not give' an approval to a minor. However, section 22(1)(a) requires an applicant to be an 'individual who owns and lives on land'. A minor can own land (through a trustee). If a minor satisfies section 22(1)(a), section 22(3) would appear to require the controller to give approval (since ownership is established), but section 23(1) absolutely prohibits it. While section 22(3)(b) cross-references section 23 to resolve this, the drafting of section 22(1)(a) does not exclude minors at the gateway eligibility stage, meaning a minor's application must proceed to the mandatory refusal stage rather than being rejected at the threshold."},{"severity":"low","section_a":"sec.17(2)","section_b":"sec.17(4)","confidence":0.5,"description":"Section 17(2) requires that a person driving a vehicle on designated fossicking land or a fossicking area must hold a licence under the Transport Operations (Road Use Management) Act 1995 or an equivalent interstate law. Section 17(4) permits driving off-track on regulated camping land for the purpose of making camp, stating this is a carve-out from section 17(3)(b) only. The 'despite' in section 17(4) applies only to subsection (3)(b), meaning the licensing requirements in subsection (2) still apply to off-track driving under subsection (4). However, the section does not address the situation of persons who arrive at regulated camping land from interstate under a Territory licence (as opposed to a 'State' licence under section 17(2)(b)(ii)) — creating potential gaps for Northern Territory licence holders."},{"severity":"medium","section_a":"sec.29(3)","section_b":"sec.28","confidence":0.7,"description":"Section 28 sets the default carrying capacity at 400 head of stock. Section 29(3) provides that increasing carrying capacity under section 29(1)(b) does not authorise the controller to increase the number of stock a person may agist to more than 20 head. However, with a default carrying capacity of 400 and a per-person maximum of 20, a minimum of 20 persons would be needed to reach carrying capacity. The regulation does not cap the number of approval holders, meaning the carrying capacity and per-person limits could theoretically never be in tension at the default 400-head level with fewer than 20 approval holders — but if the carrying capacity is reduced below 20 (e.g., to 15), the per-person maximum of 20 in section 23(2)(a) would exceed the total carrying capacity, creating a logical impossibility where a single person's maximum approval exceeds the total permitted stock."},{"severity":"medium","section_a":"sec.10(2)","section_b":"sec.11(3)(b)","confidence":0.65,"description":"Section 10(2) prohibits moving 'wash' out of designated fossicking land or a fossicking area. 'Wash' is defined as a substance containing, or reasonably likely to contain, fossicking material, including sand, gravel and soil. Section 11(3)(b) requires a fossicker who has dug in a watercourse to place leftover dug material 'in a place in the watercourse where it is unlikely to interrupt, divert or stop the flow'. If the watercourse crosses the boundary of designated fossicking land or a fossicking area, placing leftover dug material (which constitutes 'wash') downstream of the boundary — even to comply with section 11(3)(b) — could constitute moving wash out of the designated area in breach of section 10(2). Natural water flow would then carry the wash further, but the physical placement itself may breach section 10(2)."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original intent to manage recreational fossicking and associated camping activities. The inclusion of the miners common provisions (Part 4) is a traditional element of Queensland fossicking regulations dating back to historical mining practices in the gem fields, rather than scope creep. The transitional provisions are standard machinery for regulation replacement."},"complexity_factors":["Multiple cross-references to the parent Fossicking Act (sections 42, 44, 63, 65, 66, 71, 97, 107) requiring concurrent reading","Seven schedules containing detailed land descriptions, fees, and definitions, with complex spatial boundaries (e.g., 'other than prohibited camping land')","Nested conditional logic in vehicle use rules (sec.17) with exceptions to prohibitions (driving off-road allowed only for camping, under 15km/h, without interfering with improvements)","Dual permitting systems (fossicking licences vs camping permits) with different rules applying to each","Transitional provisions (sections 37-45) mapping old regulation references to new ones, creating parallel interpretation requirements","Defined terms scattered across sections and Schedule 7 (dictionary), including technical definitions like 'wash' and 'cultural heritage significance' that reference other Queensland statutes","Specific numerical thresholds throughout (40m from structures, 3m from banks, 20 penalty units, 400 head of stock, 20 head per person) requiring precise compliance"],"plain_english_summary":"This regulation sets the rules for recreational fossicking (searching for gemstones, minerals, or fossils) and camping on designated public lands in Queensland. It identifies specific areas where fossicking is allowed, sets conduct rules to protect the environment and other users, and manages a special 'miners common' for grazing stock.\n\n**Who it affects:**\n- **Recreational fossickers** with licences looking for gems like sapphires or opals\n- **Campers** with permits staying on designated fossicking land\n- **Local landowners** in the Rubyvale-Sapphire area who want to graze stock on the miners common\n- **The Central Highlands Regional Council**, which manages the miners common\n\n**Key things it does:**\n- **Lists specific locations** (like Rubyvale, Sapphire, and Agate Creek) where fossicking is permitted\n- **Sets camping rules:** Permits max out at 3 months, must be displayed visibly, and campers must bury human waste properly (20m from water, 20cm deep)\n- **Protects the environment:** Bans damaging trees, polluting water, causing erosion, or leaving gullies. Requires filling in dug holes and removing rubbish\n- **Controls vehicle use:** Speed limits (50km/h generally, 15km/h off-road for camping), registration and licence requirements\n- **Manages the 'miners common':** A shared grazing area near Rubyvale/Sapphire where local landowners can agist (graze) up to 20 head of stock with approval, subject to a 400-head total capacity\n- **Preserves landowner rights:** Makes clear that private landowners can still use their land as they see fit, regardless of these rules\n\n**Why it matters:**\nIt balances recreational access to Queensland's gem fields with environmental protection and respect for private property rights. Without these rules, fossicking could damage waterways, create safety hazards, or conflict with farming activities."}},"importantCases":[],"_links":{"self":"/api/acts/fossicking-regulation-2019","history":"/api/acts/fossicking-regulation-2019/history","analysis":"/api/acts/fossicking-regulation-2019/analysis","conflicts":"/api/acts/fossicking-regulation-2019/conflicts","importantCases":"/api/acts/fossicking-regulation-2019/important-cases","documents":"/api/acts/fossicking-regulation-2019/documents"}}