Fossicking Act 1994

• Recreational fossickers: any member of the public who wishes to search for gemstones, alluvial gold, or other fossicking materials in Queensland. Must hold the relevant fossickers licence.
• Families and clubs: eligible for family or club fossickers licences covering multiple people.
• Schools and educational organisations: eligible for educational organisation fossickers licences.
• Commercial tour operators: must hold a commercial tour operator fossickers licence. Conducting a commercial tour without a licence is an offence.
• Landowners: land that is not designated fossicking land cannot be fossicked without the landowner's permission. The Act restricts commercial activities on designated fossicking land to protect landowner rights.
• Mining claim and lease holders: the Act allows fossicking on land subject to a mining claim or lease with the claim/lease holder's permission or on payment of an admission fee. This creates an exception to the otherwise exclusive control of mining tenement holders.
• Authorised officers (Mineral Resources Act 1989 officers): responsible for enforcing the Act.

Obtaining a licence:

• A person must not fossick for fossicking materials unless the person is a licensee (s. 25(1)). Maximum penalty: 50 penalty units.
• Exception: fossicking is permitted on land to which a mining claim or mining lease applies if: done on payment of an admission fee to the claim or lease holder; or with the claim or lease holder's permission, for a mineral for which the claim or lease is granted.

Restricted activities on designated fossicking land:

• s. 55(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.
• Exception: lawful activities by or for the owner of the land or the holder of a mining claim or lease over the land are not prohibited.

Licence applications (s. 15):

• An application for a licence must be made to an issuing officer. The issuing officer may grant the application subject to conditions.

Camping (Part 5):

• Camping on designated fossicking land requires a camping permit (Part 5, Division 1). The permit system is managed by the administering authority.
• Camping is subject to the conditions of the permit and the Act's camping regulations.

Issuing officer:

• Power to grant fossickers licences in any of the six categories under s. 14.
• Power to impose conditions on licences.
• Power to refuse applications.

Authorised officers (Part 6, Division 2):

• Powers to enter designated fossicking land, fossicking areas, and related places.
• Powers to inspect, require production of documents, and take action to enforce the Act's requirements.
• Powers to issue directions and enforce compliance.

Minister:

• Power to declare designated fossicking land under Part 4.
• Power to declare fossicking areas within designated land.

Fossicking without a licence (s. 25(1)):

• Maximum penalty: 50 penalty units.

Commercial activity on designated fossicking land (s. 55(1)):

• Maximum penalty: 400 penalty units.

Part 6, Division 3 (Offences):

• Contains specific offences relating to conduct on designated fossicking land and fossicking areas, including offences relating to compliance with authorised officer directions.

Part 6, Division 4 (Proceedings):

• Sets out the procedural provisions for prosecuting offences under the Act.

Obtaining a fossickers licence:

1. Application made to an issuing officer.
2. Issuing officer assesses the application.
3. Licence granted (with or without conditions) or refused.
4. Licensee can fossick for fossicking materials on designated fossicking land and fossicking areas.

Camping:

1. Application for camping permit made to the administering authority.
2. Permit granted subject to conditions.
3. Camping conducted in accordance with permit conditions and the Act.

Appeals (Part 7):

• Persons aggrieved by decisions about licences and camping permits have appeal rights under Part 7.

• Mineral Resources Act 1989 (Qld): the central framework for mining rights in Queensland. The Fossicking Act creates a recreational fossicking layer over the Mineral Resources Act framework. Authorised officers under the Mineral Resources Act are also authorised officers for this Act (s. 3 definition). Fossicking on mining tenement areas is subject to the tenement holder's rights.
• Nature Conservation Act 1992 (Qld): designated fossicking land may be located on or near protected areas. The relationship between fossicking rights and nature conservation protections may affect where fossicking can occur.
• Land Act 1994 (Qld): Crown land designations affect what land can be declared as designated fossicking land.

Fossicking is only permitted on designated fossicking land (unless on a tenement with permission):

The Act does not create a general right to fossick on any Queensland land. Fossicking is permitted only on declared designated fossicking land and fossicking areas, or on mining claim and lease areas with the holder's permission or payment. Fossicking on private land without permission is not authorised by the Act.

A fossickers licence is necessary but not always sufficient:

Having a fossickers licence allows a person to fossick on designated fossicking land. But specific fossicking areas within that land may have additional conditions or restrictions. Camping on designated fossicking land requires a separate camping permit under Part 5.

Commercial activities are banned, not just commercial mining:

Section 55 prohibits any "trading or commercial activity" on designated fossicking land or fossicking areas (subject to the landowner and tenement holder exceptions). This includes selling goods or services from a fossicking area, not just commercial extraction of minerals.

Vertebrate fossils are excluded:

The definition of fossicking materials in s. 3 includes fossils but expressly excludes fossils of vertebrate animals. Taking a vertebrate fossil from designated fossicking land is not authorised by a fossickers licence. Vertebrate fossils are protected separately under Queensland nature conservation legislation.

Example 1: Recreational fossicker

A person wants to search for alluvial gold in a designated fossicking area in Queensland. They obtain an individual fossickers licence from an issuing officer. With the licence in hand, they can fossick for alluvial gold (a fossicking material under s. 3) in the designated fossicking area. They must comply with any conditions on the licence and the Act's requirements, including not conducting any commercial activities.

Example 2: Commercial tour operator

A tourism business wants to take groups of tourists to a designated fossicking area to search for sapphires as part of a paid tour. This is a commercial tour (conducted as part of a business activity) and the operator must hold a commercial tour operator fossickers licence under s. 14(e). Operating a commercial tour without a licence is an offence.

Example 3: Fossicking on a mining lease

A mining lease holder has an active lease over land that includes good alluvial gold prospects. Under s. 25(2), a person can fossick on that land with the lease holder's permission (for gold, for which the lease is granted), or by paying an admission fee to the lease holder. The fossicking is an exception to the usual requirement to fossick only on designated fossicking land.

Example 4: Finding a vertebrate fossil

A fossicker discovers what appears to be a dinosaur bone while fossicking in a designated fossicking area. A vertebrate fossil is expressly excluded from the definition of fossicking materials under s. 3. The fossicker is not entitled to take it under their fossickers licence. The appropriate action is to report the find to the relevant authority (Queensland Museum or the Department of Environment and Science) for assessment.