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.
This Regulation updates the statutory rules governing recreational fossicking, camping related to fossicking, and the administration of a miners common in a defined area. It does so by (a) designating parcels of land and fossicking areas for the Act’s purposes (see s 5 and s 6); (b) specifying conduct standards for people fossicking or camping under licences or permits on that land (Part 3); (c) creating and specifying governance, agistment and stock-management rules for the Rubyvale-Sapphire miners common, including naming the controller (Central Highlands Regional Council) and setting carrying capacity and tag requirements (Part 4); (d) prescribing administrative details such as maximum permit terms, commissions, value for abandoned property and fee location (ss 33-36); and (e) repealing the prior 2009 regulation while carrying forward authorisations, appointments and in‑flight applications into the new scheme (Part 6).
Mechanically, the Regulation (i) designates particular parcels as “designated fossicking land” and “fossicking areas” via schedules (s 5, s 6); (ii) creates site-specific camping regimes by reference to schedules for “prohibited camping land” and “regulated camping land” (ss 7-8); (iii) prescribes on‑site behaviour and environmental safeguards for licence/permit holders (ss 9-18, including watercourse rules in s 11 and waste/disposal rules in s 12); (iv) establishes the miners common (name and boundary in s 19) and its controller (s 20) and provides the controller with delegation/appointment powers (s 21); (v) sets out an agistment approval regime: eligibility, application requirements, tag issuance/return, carrying capacity default and variation procedure, mustering powers, and a public register (ss 22-32); and (vi) prescribes transitional arrangements that continue existing authorisations, appointments and approvals under the former regulation (ss 39-44) and repeals the Fossicking Regulation 2009 (s 38).
Current sections
Direct links to the current provisions in Fossicking Regulation 2019.
67
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Fossicking Regulation 2019 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 September 2019.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 7 defines particular words used in this regulation.
sec.4
Regulation does not affect landowner’s rights
sec.4 Regulation does not affect landowner’s rights
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.
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.
(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.
(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.
pt.2
Declarations for particular land
Declarations for particular land
sec.5
Designated fossicking land— Act , s 42
sec.5 Designated fossicking land— Act , s 42
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.
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.
(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.
(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.
sec.6
Fossicking areas— Act , s 44
sec.6 Fossicking areas— Act , s 44
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.
In this regulation, a reference to a name mentioned in schedule 2 , column 1 is a reference to the fossicking area with that name.
(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.
(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.
sec.7
Prohibited camping land— Act , s 65
sec.7 Prohibited camping land— Act , s 65
For section 65 (1) of the Act , the land described in schedule 3 is prohibited camping land.
sec.8
Regulated camping land— Act , s 66
sec.8 Regulated camping land— Act , s 66
For section 66 (1) of the Act , the land described in schedule 4 is regulated camping land.
pt.3
Conduct of persons— Act , s 107
Conduct of persons— Act , s 107
pt.3-div.1
Conduct generally
Conduct generally
sec.9
Display of permits
sec.9 Display of permits
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.
The person must take reasonable steps to ensure the permit remains displayed while the person camps under the permit.
Maximum penalty—2 penalty units.
(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.
(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.
(a) if the person is using a camping structure—to the structure; or
(b) otherwise—to other camping equipment used by the person.
sec.10
Particular conduct prohibited
sec.10 Particular conduct prohibited
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.
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.
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
(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.
(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.
(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
(a) deface, destroy or injure a tree; or
(b) clear vegetation for a purpose other than digging the land cleared; or
(c) pollute a watercourse or a receptacle used for water storage; or
(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
(e) place dug material on a slope where water may wash the material away; or
(f) interfere with an improvement, a site of cultural heritage significance or stock.
sec.11
Fossicking in a watercourse
sec.11 Fossicking in a watercourse
This section applies to a person fossicking in a watercourse.
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.
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.
(sec.11-ssec.1) This section applies to a person fossicking in a watercourse.
(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.
(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.
(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
(i) a weir, bridge or other structure in or over the watercourse; or
(ii) a pump used to pump water from the watercourse; or
(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
(c) interrupt, divert or stop the flow of water in the watercourse more than is necessary to fossick in the watercourse; or
(d) cause stream turbidity more than 300m downstream from where the person is fossicking; or
(e) erect a structure in the watercourse.
(i) a weir, bridge or other structure in or over the watercourse; or
(ii) a pump used to pump water from the watercourse; or
(a) refill the places dug with dug material; and
(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.
(i) interrupt, divert or stop the flow of water in the watercourse; or
(ii) disturb the watercourse’s usual course at low flow.
(i) interrupt, divert or stop the flow of water in the watercourse; or
(ii) disturb the watercourse’s usual course at low flow.
sec.12
Disposal of human waste
sec.12 Disposal of human waste
A person fossicking under a licence or camping under a permit on land must dispose of all human waste made by the person—
if there are facilities for disposing of human waste on the land—by using the facilities; or
otherwise—by burying the waste—
at least 20m from the nearest high bank of any watercourse; and
at least 20cm below the land’s surface.
Maximum penalty—5 penalty units.
(a) if there are facilities for disposing of human waste on the land—by using the facilities; or
(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.
(i) at least 20m from the nearest high bank of any watercourse; and
(ii) at least 20cm below the land’s surface.
(i) at least 20m from the nearest high bank of any watercourse; and
(ii) at least 20cm below the land’s surface.
sec.13
Land to be left safe
sec.13 Land to be left safe
A 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.
filling in a place dug by the person on the site
Maximum penalty—5 penalty units.
sec.14
Land to be left tidy
sec.14 Land to be left tidy
A person who has stopped fossicking under a licence or camping under a permit on land must, immediately before leaving the land—
remove the person’s camping structures from the camp site; and
remove the person’s rubbish from the camp or fossicking site; and
make the camp or fossicking site tidy.
Maximum penalty—5 penalty units.
(a) remove the person’s camping structures from the camp site; and
(b) remove the person’s rubbish from the camp or fossicking site; and
(c) make the camp or fossicking site tidy.
pt.3-div.2
Conduct of persons on designated fossicking land and fossicking areas
Conduct of persons on designated fossicking land and fossicking areas
sec.15
Structures, dams and machinery
sec.15 Structures, dams and machinery
A person must not erect an enclosed structure, dam or pipeline, or install fixed machinery, on designated fossicking land or a fossicking area.
Maximum penalty—50 penalty units.
sec.16
Routes, tracks and roads
sec.16 Routes, tracks and roads
A person must not mark out, bulldoze, grade or make a route, track or road on designated fossicking land or a fossicking area—
without the written approval of the chief executive, the land manager for the land or the owner of the land; or
in contravention of a condition of a written approval mentioned in paragraph (a) .
Maximum penalty—20 penalty units.
(a) without the written approval of the chief executive, the land manager for the land or the owner of the land; or
(b) in contravention of a condition of a written approval mentioned in paragraph (a) .
sec.17
Use of vehicles
sec.17 Use of vehicles
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.
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.
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.
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.
(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.
(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.
(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.
(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.
(a) the vehicle is registered; and
(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.
(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.
(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.
(a) at more than 50km/h; or
(b) other than on a made track or road; or
(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.
(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.
(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.
(a) does not drive at more than 15km/h; and
(b) does not interfere with any improvement on the land; and
(c) is driving for the purpose of making camp only.
sec.18
Other prohibited conduct
sec.18 Other prohibited conduct
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.
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.
(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.
(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.
(a) use an explosive, firearm or trap on the land, unless the person has a reasonable excuse; or
(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
(c) damage or destroy a wall, fence, building, barrier, sign, receptacle or other structure; or
(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
(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
(e) bring an animal onto the land in contravention of a sign erected on the land by the chief executive.
(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
pt.4
Miners common— Act , s 107
Miners common— Act , s 107
pt.4-div.1
Preliminary
Preliminary
sec.19
Name and boundaries of miners common
sec.19 Name and boundaries of miners common
The name of the miners common is the ‘Rubyvale, Sapphire and Scrub Lead Miners Common’.
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 .
(sec.19-ssec.1) The name of the miners common is the ‘Rubyvale, Sapphire and Scrub Lead Miners Common’.
(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 .
sec.20
Controller
sec.20 Controller
The Central Highlands Regional Council is the controller of the miners common.
sec.21
Powers and functions of controller
sec.21 Powers and functions of controller
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.
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.
The chief executive officer may, in the appointment, impose conditions on the performance of the functions.
(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.
(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.
(sec.21-ssec.3) The chief executive officer may, in the appointment, impose conditions on the performance of the functions.
pt.4-div.2
Agistment of stock
Agistment of stock
sec.22
Approval needed
sec.22 Approval needed
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.
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.
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.
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.
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.
(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.
(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.
(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.
(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.
(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.
(a) is an individual who owns and lives on land in the Rubyvale–Sapphire area; and
(b) has the controller’s written approval (an agistment approval ) to agist the stock.
(a) be in writing; and
(b) state the number of head of stock to be agisted under the approval; and
(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.
(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.
(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.
(a) the controller is satisfied the applicant owns, or has the permission needed to keep, the stock; and
(b) section 23 does not apply in relation to the applicant.
• Divide
• Reward
• Rubyvale
• Sapphire
• Scrub Lead.
sec.23
When agistment approval must not be given
sec.23 When agistment approval must not be given
The controller must not give an agistment approval to a minor.
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.
(sec.23-ssec.1) The controller must not give an agistment approval to a minor.
(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.
(a) the approval would allow a person to agist more than 20 head of stock on the miners common; or
(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
(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.
sec.24
Agistment approval not transferable
sec.24 Agistment approval not transferable
An agistment approval is not transferable.
sec.25
How long agistment approval remains in force
sec.25 How long agistment approval remains in force
An agistment approval remains in force for the period stated in the approval.
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.
(sec.25-ssec.1) An agistment approval remains in force for the period stated in the approval.
(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.
(a) pay the agistment fee mentioned in schedule 6 for the approval; and
(b) start agisting stock on the miners common.
sec.26
Agistment tags
sec.26 Agistment tags
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.
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.
(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.
(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.
sec.27
Replacing agistment tags
sec.27 Replacing agistment tags
The holder of an agistment approval may apply to the controller to replace an agistment tag if it is lost, stolen, destroyed or damaged.
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 .
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.
(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.
(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 .
(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.
(a) be in writing; and
(b) state how the agistment tag was lost, stolen, damaged or destroyed; and
(c) be accompanied by the replacement fee for the agistment tag mentioned in schedule 6 .
sec.28
Carrying capacity of miners common
sec.28 Carrying capacity of miners common
The carrying capacity of the miners common is—
if the controller varies the carrying capacity under section 29 —the carrying capacity decided under that section; or
otherwise—400 head of stock.
(a) if the controller varies the carrying capacity under section 29 —the carrying capacity decided under that section; or
(b) otherwise—400 head of stock.
sec.29
Variation of carrying capacity of miners common
sec.29 Variation of carrying capacity of miners common
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.
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.
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.
(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.
(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.
(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.
(a) if the controller considers there is more stock on the miners common than it can support—by reducing the carrying capacity;
(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.
sec.30
Notice of reduction of carrying capacity of miners common
sec.30 Notice of reduction of carrying capacity of miners common
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.
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.
The agistment approval holder must comply with the notice, unless the holder has a reasonable excuse.
Maximum penalty—20 penalty units.
(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.
(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.
(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.
(a) state the number of stock the approval holder may agist; and
(b) ask the approval holder to reduce the number of stock agisted under the approval to the stated number within a stated period.
sec.31
Mustering
sec.31 Mustering
The controller must muster stock agisted on the miners common at least once, but not more than 6 times, a year.
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.
(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.
(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.
(a) to find stock unlawfully agisted on the common; or
(b) to dip or spray stock agisted on the common; or
(c) to monitor the health of stock agisted on the common.
sec.32
Register of agistment approvals
sec.32 Register of agistment approvals
The controller must keep a register of agistment approvals.
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.
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.
(sec.32-ssec.1) The controller must keep a register of agistment approvals.
(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.
(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.
(a) the name and address of the approval holder;
(b) the number of stock that may be agisted under the approval;
(c) the number of each tag issued to the approval holder by the controller;
(d) amounts the controller receives for agistment fees and replacement tags.
pt.5
Miscellaneous provisions
Miscellaneous provisions
sec.33
Term of fossickers camping permits— Act , s 63
sec.33 Term of fossickers camping permits— Act , s 63
For section 63 (2) of the Act , the maximum term is 3 months.
sec.34
Commission or part of prescribed fee— Act , s 71
sec.34 Commission or part of prescribed fee— Act , s 71
For section 71 (4) of the Act , the commission or part of the prescribed fee is 10% of the fee.
sec.35
Value for abandoned property— Act , s 97
sec.35 Value for abandoned property— Act , s 97
For section 97 (5) of the Act , the prescribed value is $1,000.
sec.36
Fees
sec.36 Fees
The fees payable under the Act are stated in schedule 6 .
pt.6
Repeal and transitional provisions
Repeal and transitional provisions
sec.37
Definition for part
sec.37 Definition for part
In this part—
repealed regulation means the repealed Fossicking Regulation 2009 , as in force from time to time before the commencement.
sec.38
Repeal
sec.38 Repeal
The Fossicking Regulation 2009 , SL No. 167 is repealed.
sec.39
Authorisations and appointments
sec.39 Authorisations and appointments
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.
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.
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.
(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.
(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.
(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.
(a) continues in effect; and
(b) on the commencement, is taken to have been given under section 21(1) or (2) of this regulation.
(a) continues in effect; and
(b) on the commencement, is taken to have been made under section 21(2) of this regulation.
(a) continues in effect; and
(b) on the commencement, is taken to have been imposed under section 21(3) of this regulation.
sec.40
Applications for agistment approvals
sec.40 Applications for agistment approvals
This section applies to an application under section 25(2) of the repealed regulation made, but not finally decided, before the commencement.
On the commencement, the application is taken to be an application for an agistment approval under section 22(2) of this regulation.
(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.
(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.
sec.41
Agistment approvals
sec.41 Agistment approvals
This section applies to an agistment approval given under the repealed regulation that was in force immediately before the commencement.
On the commencement, the agistment approval is taken to be an agistment approval given under section 22(3) of this regulation.
(sec.41-ssec.1) This section applies to an agistment approval given under the repealed regulation that was in force immediately before the commencement.
(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.
sec.42
Agistment tags
sec.42 Agistment tags
An 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.
sec.43
Notices of varied carrying capacity
sec.43 Notices of varied carrying capacity
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.
On the commencement, the notice is taken to be a notice given under section 30 of this regulation.
(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.
(sec.43-ssec.2) On the commencement, the notice is taken to be a notice given under section 30 of this regulation.
sec.44
References to repealed regulation
sec.44 References to repealed regulation
In a document, if the context permits, a reference to the repealed regulation may be taken to be a reference to this regulation.
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.
(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.
(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.
sec.45
Application of Acts Interpretation Act 1954 , s 20
sec.45 Application of Acts Interpretation Act 1954 , s 20
This 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.
sch.3-pt.1
Designated fossicking land
Designated fossicking land
sch.3-sec
Section sch.3-sec
the part of Sapphire shown on plan no. MP34657, with an area of about 670ha
the parts of Scrub Lead and Rubyvale shown on plan no. MP34656, with an area of about 540ha
Willows
(sch.3-sec-ssec.1) the part of Sapphire shown on plan no. MP34657, with an area of about 670ha
(sch.3-sec-ssec.2) the parts of Scrub Lead and Rubyvale shown on plan no. MP34656, with an area of about 540ha
(sch.3-sec-ssec.3) Willows
sch.3-pt.2
Fossicking areas
Fossicking areas
sch.3-sec-oc.2
Note—
sch.3-sec-oc.2 Note—
Agate Creek
Deep Creek
Mount Gibson
O’Briens Creek
Thanes Creek
Yowah
A plan mentioned in schedule 2 for a fossicking area shows the limits of the prohibited camping land.
(sch.3-sec-oc.2-ssec.1) Agate Creek
(sch.3-sec-oc.2-ssec.2) Deep Creek
(sch.3-sec-oc.2-ssec.3) Mount Gibson
(sch.3-sec-oc.2-ssec.4) O’Briens Creek
(sch.3-sec-oc.2-ssec.5) Thanes Creek
(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.
sch.4-pt.1
Designated fossicking land
Designated fossicking land
sch.4-sec
Section sch.4-sec
Divide
Duck Creek
Opalton
Reward
Rubyvale, other than prohibited camping land
Sapphire, other than prohibited camping land
Scrub Lead, other than prohibited camping land
Sheep Station Creek
(sch.4-sec-ssec.1) Divide
(sch.4-sec-ssec.2) Duck Creek
(sch.4-sec-ssec.3) Opalton
(sch.4-sec-ssec.4) Reward
(sch.4-sec-ssec.5) Rubyvale, other than prohibited camping land
(sch.4-sec-ssec.6) Sapphire, other than prohibited camping land
(sch.4-sec-ssec.7) Scrub Lead, other than prohibited camping land
(sch.4-sec-ssec.8) Sheep Station Creek
sch.4-pt.2
Fossicking areas
Fossicking areas
sch.4-sec-oc.2
Section sch.4-sec-oc.2
Big Bessie
Glenalva
Graves Hill
Middle Ridge
Tomahawk Creek
(sch.4-sec-oc.2-ssec.1) Big Bessie
(sch.4-sec-oc.2-ssec.2) Glenalva
(sch.4-sec-oc.2-ssec.3) Graves Hill
(sch.4-sec-oc.2-ssec.4) Middle Ridge
(sch.4-sec-oc.2-ssec.5) Tomahawk Creek
sch.5-pt.1
Designated fossicking land
Designated fossicking land
sch.5-sec
Section sch.5-sec
Rubyvale
Sapphire
Scrub Lead
(sch.5-sec-ssec.1) Rubyvale
(sch.5-sec-ssec.2) Sapphire
(sch.5-sec-ssec.3) Scrub Lead
sch.5-pt.2
Fossicking areas
Fossicking areas
sch.5-sec-oc.2
Section sch.5-sec-oc.2
Big Bessie
Graves Hill
Middle Ridge
(sch.5-sec-oc.2-ssec.1) Big Bessie
(sch.5-sec-oc.2-ssec.2) Graves Hill
(sch.5-sec-oc.2-ssec.3) Middle Ridge
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Fossicking Regulation 2019 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 September 2019.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 7 defines particular words used in this regulation.
sec.4 Regulation does not affect landowner’s rights
sec.4 Regulation does not affect landowner’s rights
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.
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.
(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.
(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.
pt.2 Declarations for particular land
Declarations for particular land
sec.5 Designated fossicking land— Act , s 42
sec.5 Designated fossicking land— Act , s 42
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.
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.
(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.
(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.
sec.6 Fossicking areas— Act , s 44
sec.6 Fossicking areas— Act , s 44
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.
In this regulation, a reference to a name mentioned in schedule 2 , column 1 is a reference to the fossicking area with that name.
(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.
(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.
The stated policy rationales (nominally to regulate fossicking activity, protect land and watercourses, manage camping, and manage stock on the miners common) appear in the text only as operational provisions; the Explanatory Memorandum or Second Reading Speech is not reproduced here. The Regulation operationalises those aims through prescriptive site rules, administrative gatekeeping (fees, written applications, tag systems) and civilly‑penal sanctions by reference to penalty units. The instrument centralises several discretionary powers in the controller for the miners common (s 21, s 29), and places practical duties on licence/permit holders to display permits (s 9), avoid specified damage and pollution (s 10), and to restore and tidy land after use (ss 13-14).
Main concepts
The Regulation is structured around a small set of recurring legal devices that determine who may use land for fossicking and camping, how they must behave, and how common grazing resources are managed.
Designations and schedules
The Regulation delegates the identification of covered land to schedules: designated fossicking land (s 5), fossicking areas (s 6), prohibited camping land (s 7) and regulated camping land (s 8). Those schedules list named localities and parcels (for example, Rubyvale, Sapphire, Scrub Lead, Divide, Reward, Opalton , see the schedule extracts included in the text). Clients should note that the operative sections refer to “schedule 1” and “schedule 2” by number (ss 5-6), and elsewhere to schedules 3-7 for other matters; the provided schedule fragments in this copy use sch.3-sch.5 headings to list local areas. For legal operation, the controlling sections point to specific schedules; practitioners should cross‑check the formal schedule numbering and plan references in the official instrument as published.
Behavioural obligations and prohibitions
The Regulation imposes on licence/permit holders immediate and ongoing display duties for permits (s 9), and numerous substantive prohibitions intended to protect vegetation, property and waterways (ss 10-11, 18). Examples include prohibitions on defacing trees, clearing vegetation except for certain digging purposes, polluting water, digging in a manner likely to cause gullies or bank collapse, moving “wash” out of designated fossicking land (s 10), and distance and turbidity limits for fossicking in watercourses (s 11).
Environmental restoration and site condition
The Act requires licence/permit holders to leave land safe and tidy: to refill dig sites and make sites safe before leaving (s 13), remove camping structures and rubbish and tidy the site (s 14), and to dispose of human waste either via facilities or by burying it at least 20m from high bank and 20cm deep (s 12).
Vehicle and fire controls
The Regulation controls vehicle use (s 17): registration and driver’s licence requirements, speed limits (50 km/h general, 15 km/h on regulated camping land when driving off made tracks for the purpose of making camp), and prohibitions on driving off made tracks except under conditions. It also sets controls on fires (s 18): fires must be in cleared spaces or constructed fireplaces and must obey chief executive signage.
Miners common governance and agistment
The Regulation establishes the ‘Rubyvale, Sapphire and Scrub Lead Miners Common’ (s 19) and appoints the Central Highlands Regional Council as controller (s 20). The controller may authorise its CEO to perform functions and appoint persons with requisite training or experience (s 21). Agistment is limited to individuals who own and live on land in the defined Rubyvale-Sapphire area (s 22), requires written approvals with documentary evidence and payment of an application fee (s 22), and is subject to caps (single‑holder cap of 20 head, overall carrying capacity default 400 head, s 23 and s 28). The controller maintains a register and may mustering activities (ss 31-32).
Administrative details and transitional carry‑overs
The Regulation prescribes the maximum term for fossickers’ camping permits as 3 months (s 33), sets a commission/part of prescribed fee at 10% (s 34), prescribes a $1,000 value for abandoned property under s 97 of the Act (s 35), and locates fees in schedule 6 (s 36). It repeals the 2009 Regulation (s 38) while preserving existing authorisations, appointments, agistment approvals and tags, converting them into the new regime (ss 39-43), and allows references to the repealed regulation to be read across where context permits (s 44).
Definitions and missing material
The Regulation relies on a dictionary in schedule 7 to define particular words (s 3). The operative meaning of terms such as “reasonable excuse” or the numerical value of a penalty unit are not in the provided text and are determined elsewhere; similarly fee amounts and some replacement fee amounts are in schedule 6 (s 36, ss 22, 27). The text in some places shows truncated or partial lines (for example the “wash” definition in s 10) and practitioners should consult the fully printed schedule/dictionary to confirm precise definitions.
Who it affects
Primary affected parties
Recreational fossickers and campers who hold licences or permits for designated fossicking land and fossicking areas are the most directly affected cohort. The Regulation prescribes conditions of use (ss 9-18), site restoration obligations (ss 12-14), and environmental constraints (ss 10-11). That cohort will bear compliance costs (time in obtaining permits, displaying permits, site restoration, compliance with vehicle and watercourse restrictions) and potential penalties if they contravene the statutory rules.
Landowners and land managers
Section 4 expressly preserves landowner rights: the Regulation does not limit an owner’s right to use their land or to authorise someone else to use it for lawful purposes and use by the owner or authorised person is not an offence under the Regulation (s 4). Landowners therefore retain autonomy and can authorise fossicking or camping notwithstanding other provisions of the Regulation. Land managers and owners of public reserves or other land affected by the schedules will be involved where written approvals are required for certain actions (for example marking or making tracks requires the written approval of the chief executive, the land manager or the owner , s 16).
Local government and the controller
The Central Highlands Regional Council is the designated controller of the Rubyvale, Sapphire and Scrub Lead Miners Common (s 20). The controller (a local government entity) will run the agistment approval scheme, issue tags, keep a register, carry out musters, set and vary carrying capacity (under constraints), and enforce non‑transferability and return of tags (ss 21, 22, 24-32). The controller will therefore bear administrative costs and liability for operational decisions, and must implement record keeping and inspection availability (s 32).
Other land users and adjacent interests
Stock owners who may wish to agist on the miners common are affected by eligibility restrictions (must be an individual who owns and lives on land in the Rubyvale-Sapphire area, s 22), numerical caps (20 head per person, s 23), and the common’s carrying capacity (default 400 head, s 28, with variation powers in s 29). Recreational users, other miners, adjoining property owners, and environmental stakeholders will be affected indirectly by dust/noise/erosion controls, watercourse protection (s 11), and vehicle/track rules (ss 16-17).
Enforcement officers and the chief executive
The chief executive is given a role in approving track works and in erecting signs that can impose prohibitions (s 16, s 18). Enforcement officers will use the prescribed penalty structure (multiple sections list maximum penalty units) to deter and sanction non‑compliance. The text does not itself create a private right of action; enforcement is by regulatory mechanisms and penalties.
Commercial actors and service providers
Businesses supplying camping or fossicking services, vehicle hire, or stock management services in the listed areas will face compliance obligations (ensuring their customers or clients meet permit and licence display obligations, that vehicles are registered and drivers appropriately licenced, that activities do not contravene watercourse/turbidity rules). They will also need to factor in the administrative fees and the commission structure where the Act allows a commission on fee collection (s 34).
Regulatory interplay and uncertainty
The Regulation refers to other statutes for definitions or cross‑control (Explosives Act 1999, Weapons Act 1990, Transport Operations (Road Use Management) Act 1995, Queensland Heritage Act 1992 , see ss 11, 18, 17, 10 respectively). Persons must therefore consider compliance with multiple regimes (weapons, explosives, road registration, cultural heritage). The Regulation affects a geographically concentrated set of activities and agents but has networked dependencies with other legal instruments and with administrative practice (schedules, fee lists, and the controller’s decisions).
Key duties and rights
Display and permit duties
Persons camping under a permit must display the permit immediately after making camp in a conspicuous position, attached to the camping structure or to other camping equipment, and must take reasonable steps to ensure the permit remains displayed while camping (s 9). Each breach carries a maximum penalty of 2 penalty units.
Environmental protection and conduct
Licence and permit holders must not, unless they have a reasonable excuse, deface, destroy or injure a tree; clear vegetation for purposes other than digging the land cleared; pollute watercourses or storage receptacles; dig in a manner likely to form gullies or cause banks to collapse; place dug material on slopes prone to wash; or interfere with improvements, cultural heritage sites or stock (s 10(1)). Each of these is subject to a maximum penalty of 20 penalty units. Section 10(2) additionally prohibits moving “wash” out of designated fossicking land or fossicking areas while fossicking under a licence (maximum 20 penalty units). Definitions relied upon by this prohibition are in schedule 7 (s 3) and the text cross‑references the Queensland Heritage Act 1992 for “cultural heritage significance” (s 10).
Watercourse constraints
A person fossicking in a watercourse must not fossick within 40m of certain structures (weirs, bridges or pumps), within 3m of a bank top or toe if erosion/collapse risk exists, interrupt or divert flow more than necessary, cause stream turbidity more than 300m downstream from the fossicking point, or erect a structure in the watercourse (s 11). If digging occurs, the person must refill the dug places before leaving and place any leftover dug material where it will not interrupt flow or disturb the watercourse at low flow (s 11). Maximum penalty for these contraventions is 20 penalty units.
Site restoration and waste disposal
Persons must dispose of human waste by using on‑site facilities if available, or otherwise bury it at least 20m from the nearest high bank of any watercourse and at least 20cm below the surface (s 12). There is a 5 penalty unit maximum for breach. Before leaving, persons must make their fossicking or campsite safe (filling in places dug is listed as an example) (s 13, max 5 penalty units), and must remove camping structures and rubbish and otherwise tidy the site (s 14, max 5 penalty units).
Prohibitions on permanent works and track making
Erecting enclosed structures, dams, pipelines or installing fixed machinery on designated fossicking land or fossicking areas is prohibited (s 15, maximum 50 penalty units). Marking out, bulldozing, grading or making tracks or roads requires written approval of the chief executive, land manager or owner; contravention or breach of condition attracts a 20 penalty unit maximum (s 16).
Vehicle and noise/damage constraints
Vehicles must be registered and drivers licenced under the Transport Operations (Road Use Management) Act 1995 or equivalent state law to be driven on the land (s 17(2)). Driving above 50 km/h, off made tracks, or in a manner that unreasonably interferes with other users, endangers persons, damages road surfaces, or makes excessive noise or dust is prohibited (s 17(3), max 5 penalty units). An exception permits limited off‑track driving on regulated camping land for the purpose of making camp, at up to 15 km/h and subject to non‑interference with improvements (s 17(4)).
Other activity controls
Use of explosives, firearms or traps is prohibited unless the person has a reasonable excuse; operating generators or engine equipment in a way that unreasonably interferes with others; damaging structures, fences or signs; lighting fires other than in cleared spaces or constructed fireplaces or in contravention of chief executive signs; or bringing animals contrary to chief executive signs are all prohibited on designated fossicking land and fossicking areas (s 18, max 20 penalty units).
Agistment regime rights and duties
Agistment on the miners common is permitted only for individuals who own and live on land in the Rubyvale-Sapphire area and only with a written agistment approval (s 22). Applications must be in writing, specify the number of head to be agisted, be accompanied by documentary evidence of ownership or permission to keep the stock and the application fee in schedule 6 (s 22(2)). If granted, the controller issues an agistment tag for each head (s 22(4)). Agistment approvals are non‑transferable (s 24) and remain in force for the stated period but lapse if the fee is not paid and the agisting not commenced within 14 days of the stated commencement date (s 25). The holder must tag animals (s 26(1)), return tags within 7 days of approval end (s 26(2)), and may apply for replacement tags with fee and evidence (s 27).
Carrying capacity, variation and notice
The miners common default carrying capacity is 400 head (s 28), subject to controller variation under s 29. The controller may reduce or increase carrying capacity based on the condition and capacity of the common, but must do so in a way that, as far as reasonably practicable, does not treat any holder more favourably than another (s 29(2)). A reduction must be notified in writing to affected approval holders, stating the number of stock permitted and asking holders to reduce their stock within a stated period; failure to comply without reasonable excuse attracts a 20 penalty unit maximum (s 30).
Administrative and transparency duties
The controller must muster stock at least once and not more than six times a year for specific purposes (locating unlawfully agisted stock, dipping/spraying, monitoring health) (s 31). The controller must maintain a public register of agistment approvals containing holder name and address, number of stock authorised, tag numbers, and amounts received for fees and replacement tags; parts of that register must be available for inspection during business hours free of charge (s 32).
Transitional and continuity rights
Existing authorisations and appointments under the repealed regulation continue in force and are taken to be given under the new provisions (s 39). Pending applications and existing agistment approvals and tags under the repealed regulation are migrated into the new regime (ss 40-42). The Regulation therefore preserves continuity for prior rights while changing the statutory framework prospectively.
Penalties and enforcement
Penalty structure and scale
The Regulation uses penalty units to sanction non‑compliance, with maxima varying by offence. Small compliance matters, such as permit display, attract low maximum penalties (2 penalty units, s 9). Mid‑range environmental and administrative breaches (for example disposal of human waste, leaving land safe/tidy, vehicle rule breaches) carry up to 5 penalty units (ss 12-14, s 17(3)). The more serious site damage and environmental offences (defacing trees, clearing vegetation, pollution, watercourse breaches, use of explosives/firearms without excuse, failing to comply with agistment notices) attract maxima of 20 penalty units (ss 10-11, 18, 30). Erection of enclosed structures, dams or fixed machinery carries the highest maximum listed in the Regulation at 50 penalty units (s 15).
Enforcement agents and mechanisms
The Regulation itself does not list specific enforcement officers or inspectorial powers beyond the controller’s duties and the chief executive’s power to erect signs; enforcement will proceed under the Act’s broader enforcement framework and by persons authorised under the Act. The controller has administrative enforcement levers over the miners common: refusal of agistment approval, tag issuance, issuance of notices to reduce stock (s 30), mustering (s 31) and maintenance of a register (s 32). The chief executive or land managers have approval and signage powers that give effect to some prohibitions (s 16, s 18).
Procedural enforcement for agistment
The controller is required to provide agistment approvals when satisfied of applicant ownership/permission and when s 23 does not apply (s 22(3)). Where carrying capacity is reduced, the controller must give written notice to affected holders specifying permitted numbers and requesting reduction in a stated period (s 30). Failure to comply attracts a maximum of 20 penalty units. The non‑transferability of approvals (s 24) and the requirement to return tags within 7 days (s 26(2)) provide administrative triggers for enforcement if tags are retained or misapplied.
Proof and defences
Several provisions are subject to “reasonable excuse” exceptions (for example in ss 10 and 18 regarding use of explosives, firearms or traps and other conduct). The Regulation does not define “reasonable excuse”; definitions and interpretive guidance may be found in the Act or in common interpretive practice, but practitioners should note that the Regulation reserves scope for fact‑specific defences and for discretion in enforcement.
Monetary value of penalty units and costs
The Regulation lists penalty units rather than the monetary equivalent; the value of a penalty unit is set elsewhere in the jurisdiction’s law. That linkage means monetary penalties will vary depending on the statutory value of a penalty unit at the time of enforcement. Sections that reference fees (application fee, replacement tag fee, fees in schedule 6) require consultation of that schedule; schedule 6 is referenced but not included in full in the provided text.
Administrative remedies and transparency
The controller must keep a register and make particular parts available for inspection free of charge (s 32(3)). That transparency provides a public accountability mechanism for agistment fees and tag issuance receipts, and it also aids enforcement by making holder details available to interested parties and enforcement agencies.
Transitional enforcement
Existing authorisations, appointments, agistment approvals and tags under the repealed regulation continue in force and are deemed to have been given under the relevant new provisions (s 39, s 41, s 42). Notices previously given under the repealed regulation concerning varied carrying capacity are taken to be notices under the new provision (s 43). This ensures continuity in enforcement positions and avoids immediate invalidation of prior enforcement steps.
How it interacts with other laws
Cross‑references to other Acts
The Regulation cross‑references external statutory frameworks and relies on those regimes for definitions or to import other regulatory requirements. Examples include:
Transport and driving requirements under the Transport Operations (Road Use Management) Act 1995 for licencing to drive vehicles on the land (s 17(2)).
Reference to the Queensland Heritage Act 1992 for the meaning of “cultural heritage significance” in the prohibition against interfering with sites of cultural heritage significance (s 10).
Definitions of “explosive” and “firearm” are drawn from the Explosives Act 1999 and the Weapons Act 1990 respectively (s 18(2)).
These cross‑references mean compliance requires checking obligations and permitted conduct under those regimes as well as the Regulation.
Interaction with landowner rights
Section 4 explicitly preserves landowner rights: the Regulation does not limit an owner’s right to use land or to authorise others to use the land for lawful purposes, and use by the owner or authorised persons is not an offence under the Regulation (s 4). That provision creates a primacy of private property decision-making where a landowner chooses to authorise activities that would otherwise be regulated. Practically, that means a licence or permit regime applies to the public or those not authorised by the owner; a landowner can lawfully authorise what the Regulation might otherwise prohibit for general permit/hunting/fossicking users.
Administrative law and local government powers
The Regulation places specific statutory duties on the Central Highlands Regional Council as controller of the miners common (ss 20-21). The controller is a statutory actor exercising functions including issuing approvals and varying carrying capacity (s 29). Controller decisions (issuing or refusing agistment approvals, varying carrying capacity, notices to reduce stock) will be subject to administrative law review rights under general judicial review grounds (not set out in this text but applicable in the jurisdiction). The Regulation itself requires the controller to act in a way that treats holders equally “as far as is reasonably practicable” when varying carrying capacity (s 29(2)), an explicit statutory equal‑treatment constraint that may be relevant in administrative review.
Regulatory layering and duplicative controls
Several offences will overlap with other statutes: for example polluting a watercourse may implicate environmental protection laws in addition to s 10; possession or use of explosives or firearms will be regulated under the Explosives Act 1999 or Weapons Act 1990 as well as s 18; road use and vehicle registration are regulated under the Transport Operations Act as well as this Regulation (s 17). Operators and users must therefore be mindful of multi‑regime compliance rather than treating the Regulation as exhaustive.
Fee and revenue interfaces
The Regulation references fees in schedule 6 (s 36) and provides a 10% commission or part of prescribed fee under s 71 of the Act (s 34). Where fee collection and commission arrangements involve other agencies or third‑party collectors, the 10% cap matters for financial flows. Revenue collected for agistment fees and replacement tags must be recorded in the register (s 32(2)(d)), creating an audit trail and potential interaction with local government financial management rules.
Transitional legal continuity
By saving existing authorisations, appointments, agistment approvals and tags and by deeming certain applications to be applications under the new regime (ss 39-41), the Regulation is designed to avoid legal discontinuity when replacing the 2009 Regulation (s 38). This mechanism prevents lapsing of rights and avoids inadvertent breaches that could otherwise flow from a sudden change of instrument.
Interpretation Act application
Section 45 states that Part 6 (repeal and transitional provisions) does not limit the operation of s 20 of the Acts Interpretation Act 1954, other than to the extent an intention contrary to that section is expressed. Practitioners should therefore consider the interpretive rules in the Acts Interpretation Act when reading transitional provisions.
Amendment history
Statutory replacement and transitional carry‑overs
The Regulation repeals the Fossicking Regulation 2009 (s 38) and replaces it with the present instrument, effective from 1 September 2019 (s 2). Transitional provisions ensure continuity:
Existing authorisations under the repealed regulation that were in effect immediately before commencement continue and are taken to have been given under the new s 21 authorisation framework (s 39(1)).
Appointments made under prior authorisations continue and are taken to have been made under s 21(2) (s 39(2)); any conditions imposed under the former appointment continue and are taken to have been imposed under s 21(3).
Applications pending under the repealed regulation are taken to be applications under the new s 22(2) (s 40).
Agistment approvals in force immediately before commencement are taken to be approvals under s 22(3) (s 41).
Existing agistment tags are deemed to be tags issued under the new s 22(4) (s 42).
Notices given under the old regulation regarding varied carrying capacity are taken to be notices under the new s 30 (s 43).
References to the repealed regulation in documents may, where context permits, be taken to refer to this Regulation (s 44).
No further amendments recorded in the provided text
The provided regulation text does not include later amendment entries or a schedule of amendments. Where practitioners require the amendment history after commencement, they must consult the government gazette or consolidated version of the Regulation held in the official legislative database for any subsequent amendments after the commencement date.
Practical effect of the replacement
The repeal and associated transitional provisions were designed to migrate existing administrative arrangements (authorisations, appointments, approvals, tags) into the new statutory architecture without interruption. That means, from an operational perspective, administrative continuity was intended at the moment of replacement: previously issued tags, approvals and appointments continue and are given new statutory footing under the current Regulation (ss 39-43).
Interaction with commencement date
The Regulation commenced on 1 September 2019 (s 2). Fees and maximums mentioned (for example the default carrying capacity in s 28, the 3‑month maximum permit term in s 33, the 10% commission in s 34, $1,000 prescribed value for abandoned property in s 35) are set as of that instrument. Any later changes to values (penalty unit monetary amounts, fees, carrying capacity variations) would require subsequent amendment.
Schedules and plan references
The Regulation’s schedules list place names and plan numbers that define the designated fossicking land and fossicking areas. The parts of the Regulation that create the designation rely on these schedules (s 5, s 6). The way schedules were printed in the extract suggests multiple schedule parts (sch.3, sch.4, sch.5) listing various parcels and fossicking areas; for historical amendment tracing, practitioners should check the consolidated schedule numbering and plan references in the official register because the formal schedule numbering is structuring the substantive designations.
Litigation history
No cases or litigation are named in the provided text
The Regulation itself does not cite any judicial decisions and the provided extract does not include a litigation history. It contains no headnote or footnote listing cases. The developer instruction prohibits inventing cases; therefore no litigation history beyond what the source explicitly names can be provided.
Potential litigation focal points (based on the Regulation’s content)
Although the text includes no litigation history, several provisions are likely to generate disputes in practice and therefore might form the subject of enforcement litigation or judicial review. These include:
Controller decisions under the miners common regime: refusals to grant agistment approvals, variations of carrying capacity (s 29), and notices to reduce stock (s 30) could attract administrative law challenges where applicants allege procedural unfairness, failure to take into account relevant considerations, or unequal treatment contrary to s 29(2).
Interpretation of “reasonable excuse” in the various offence provisions (ss 10, 18, 30) could generate fact‑specific defences and contested prosecutions.
Disputes over the interpretation of schedule boundaries and plan references (which parcels are “designated fossicking land” or “fossicking areas”) could lead to litigation where activities are permitted or prohibited based on geographic qualification (ss 5-6).
Enforcement actions for causing watercourse turbidity or failure to refill excavations (s 11) could intersect with broader environmental statute enforcement and attract civil penalties or injunctions under environmental statutes or common law nuisance claims.
The interplay between a landowner’s preserved rights under s 4 and regulatory prohibitions could lead to disputes where a landowner authorises activities that others or regulators consider contrary to the Regulation’s environmental protections.
None of these points is evidence of litigation; they are areas where litigation could logically arise given the structure and enforcement mechanisms in the Regulation. Practitioners should search the jurisdiction’s case law databases for any judicial decisions post‑2019 dealing with these provisions.
Guidance for research
To compile an authoritative litigation history, one must consult court databases, tribunal decisions, and enforcement agency records after the Regulation’s commencement. The Regulation’s transitional provisions (s 39-43) make it likely that prior enforcement actions under the Fossicking Regulation 2009 may have been continued or recharacterised under the new regime; historic litigation under the 2009 Regulation may therefore be relevant to interpreting continuity issues.
Gotchas
Schedule and numbering mismatches and plan checking
The operative sections refer to specific numbered schedules (for example s 5 refers to schedule 1 and s 6 to schedule 2), but the excerpt supplied here contains schedule fragments labelled sch.3-sch.5 that list designated fossicking land and fossicking areas. Practitioners must confirm the official consolidated instrument and plan references rather than relying on an excerpt. Errors or mismatches in schedule numbering or plan references can materially affect whether particular parcels are within the Regulation’s scope. Verify plan numbers stated in the schedules and consult the cadastral plans referenced for exact parcel boundaries.
Undefined or cross‑referenced terms
The Regulation defers definitions to a dictionary in schedule 7 (s 3). Key phrases used in offences and duties , for example “reasonable excuse”, “wash” (s 10), “improvement”, “made track or road” (s 17), and “occupied land” in miners common boundaries (s 19) , depend on precise definitions that may materially alter compliance obligations. The excerpt contains a partially truncated “wash” definition line; confirm the full schedule 7 text. Do not assume plain English meanings without checking schedule 7 and potentially the Act’s dictionary.
Penalty unit monetary value
The Regulation states penalties in penalty units rather than dollar figures. The monetary value of a penalty unit is set elsewhere in the jurisdiction’s law and may change over time. Practitioners must compute monetary exposure by applying the current statutory penalty unit value.
Ambiguity in “reasonable steps” and “reasonable excuse”
Several duties require the person to take “reasonable steps” (displaying permits, s 9) or prohibit actions “unless the person has a reasonable excuse” (ss 10, 18). Reasonableness is context dependent and fact‑specific. Enforcement outcomes will turn on facts and judicial interpretation. Prepare for disputes where permit display is prevented by vandalism, weather, or personal safety concerns, or where interference with a cultural site is asserted to have been accidental.
Controller discretion and equal treatment constraint
The controller may vary carrying capacity (s 29) and must do so in a way that ensures, as far as reasonably practicable, no existing or prospective holder is treated more favourably than any other. While this imposes an equality constraint, it does not specify a process for deciding variations, nor timelines for consultation. Expect questions about procedural fairness, the evidence base for carrying capacity decisions, and how “as far as is reasonably practicable” will be applied in administrative review.
Operational friction on agistment eligibility
Agistment is limited to individuals who both own and live on land in the Rubyvale-Sapphire area (s 22(1)). This eligibility restriction excludes corporations, absentee owners and persons who own but do not live on the qualifying land. Applicants must produce documentary evidence of ownership or permission to keep stock and pay application fees (s 22(2)). Misunderstandings about eligibility could trigger rejected applications and disputes.
Tag management and replacement fees
Tags must be issued, affixed and returned within 7 days of approval end (ss 22(4), 26(2)). Replacement tags require an application and fee (s 27). Loss and non‑return of tags can create administrative penalties and complicate proof of lawful agistment. The replacement fee is in schedule 6, so confirm the amount and whether the fee is proportionate. Also note the register must record tag numbers and amounts received (s 32).
Interaction with landowner rights
Section 4 preserves landowner rights to authorise use that would otherwise be regulated, and use by the owner or authorised person is not an offence. That means the Regulation’s prohibitions may not bind a landowner’s authorised activity. This can be a point of confusion and dispute between landowners and other users; practitioners should advise clients to obtain written authorisations from landowners where activities on private land are intended.
Prohibited camping and regulated camping land mapping
The Regulation creates “prohibited camping land” (s 7) and “regulated camping land” (s 8) by reference to schedules, but the printed schedule excerpts included in this text appear under different schedule headings. Confirm which specific parcels are captured as prohibited versus regulated camping land because the difference affects whether limited off‑track driving is allowed and the extent of camping prohibitions.
Possible environmental overlap
Watercourse rules impose both spatial restrictions and turbidity limits (s 11). A fossicker whose activity causes turbidity more than 300m downstream can be exposed to a 20 penalty unit maximum. This will engage natural variability in stream flows and turbidity, and may overlap with other environmental laws. Practitioners should advise clients to take conservative measures and document baseline conditions where possible.
Record keeping and register inspection scope
The controller’s register must contain certain details and be available for inspection free of charge (s 32). However, only details in s 32(2)(b)-(d) (number of stock allowed, tag numbers, amounts received) must be available for inspection. The register still contains holder names and addresses (s 32(2)(a)), though the requirement to make those particulars available is not expressly restated; clarify what is public and what is not before disclosing client details.
How to comply
Practical pre‑activity checks
Confirm location and status of the land: identify whether the parcel intended for fossicking or camping is designated fossicking land, a fossicking area, regulated camping land or prohibited camping land by checking the Regulation’s schedules and the official plans referenced in them (ss 5-8). Where schedules or plan references in your copy are unclear, consult the consolidated version or the government’s plan maps to confirm boundaries.
Permits and licences
Obtain the relevant fossicking licence or fossickers’ camping permit before commencing activity. If camping under a permit, be prepared to display the permit conspicuously immediately after making camp and to take reasonable steps to keep it displayed while on site (s 9). Ensure vehicle registration and driver licencing are current and compliant with Transport Operations requirements before driving on the land (s 17(2)), and obey speed limits and track constraints (s 17(3)-(4)).
On‑site behaviour and environmental safeguards
Before digging or otherwise disturbing land, review s 10 and s 11 to ensure activities will not deface or injure trees, clear vegetation beyond what is necessary, pollute watercourses or receptacles, or cause bank collapse or gully formation. For work in or near watercourses, maintain required buffer distances (40m from structures/pumps and 3m from bank tops/ toes where erosion risk exists), avoid unnecessary divergence of flow, avoid causing turbidity more than 300m downstream, and refill any digs before leaving in a manner that will not interrupt flow or disturb the watercourse’s low flow channel (s 11).
Waste and site restoration
Use on‑site waste facilities where available; otherwise bury human waste at least 20m from the nearest high bank of any watercourse and at least 20cm below the surface (s 12). Before leaving, make the fossicking or campsite safe (for example refill holes) (s 13) and remove all camping structures and rubbish and tidy the site (s 14). Keep photographic or other contemporaneous evidence of compliance to rebut any post‑event enforcement claims.
Track and structure approvals
Do not mark out, bulldoze, grade or make routes, tracks or roads without written approval from the chief executive, land manager or owner (s 16). Do not erect enclosed structures, dams, pipelines or install fixed machinery on designated fossicking land or fossicking areas (s 15). If a proposed activity may require a written approval, apply in writing and secure the written authorisation before commencing works.
Vehicle use and noise management
Drive only registered vehicles and with appropriate licences (s 17(2)). Keep to made tracks and roads unless operating within the narrow exception for regulated camping land when making camp (s 17(4)). Abide by speed limits (50 km/h general, 15 km/h exception), avoid making excessive noise or dust, and avoid damaging road surfaces or endangering other users (s 17(3)).
Fire, weapons and animals
Do not use explosives, firearms or traps without a reasonable excuse and without compliance with the applicable explosives/weapons regimes (s 18). Light fires only in cleared spaces with a 2m radius or constructed fireplaces, and obey any signs erected by the chief executive that prohibit fires (s 18). Do not bring animals onto the land contrary to chief executive signage.
Miners common agistment compliance
If agisting stock on the miners common, confirm eligibility: you must be an individual who owns and lives on land in the Rubyvale-Sapphire area (s 22(1)). Prepare a written application stating the number of head to be agisted, attach documentary evidence of ownership or permission to keep the stock, and include the application fee per schedule 6 (s 22(2)). If approved, affix the agistment tags to each head (s 26(1)) and return all tags within 7 days after the approval ends (s 26(2)). If a tag is lost or damaged, apply in writing for a replacement, state how it was lost/damaged, and pay the replacement fee (s 27). Keep records of tag numbers and payment receipts, as these are recorded in the controller’s register (s 32).
Responding to carrying capacity changes
Monitor notices from the controller about reductions in carrying capacity (s 30). If you receive a notice, it will state the number of stock you may agist and request that you reduce to that number within a stated period; comply unless you have a reasonable excuse, as non‑compliance carries a 20 penalty unit maximum (s 30(3)). Document communications with the controller and the factual basis for any claimed reasonable excuse.
Record keeping and evidence
Keep copies of permits and licences, written approvals, application materials, documentary evidence of ownership for agistment, tag numbers, fee receipts and photographs/video demonstrating site condition before and after activity. Because the controller’s register and inspection records are available for public inspection in part (s 32(3)), maintain your own records to be able to respond to enquiries or enforcement actions.
Fees, commissions and abandoned property
Check schedule 6 in the official instrument for current fee amounts (s 36). Be aware that a 10% commission or part of the prescribed fee is authorised under s 71 of the Act for collection (s 34). If property is abandoned and the Act’s abandonment rules are invoked, the prescribed value under the Act for abandoned property is $1,000 as set by this Regulation (s 35).
Transitional continuity
If you hold authorisations, appointments, agistment approvals or tags that were effective under the repealed Regulation 2009, they continue in effect and are taken to have been given under the corresponding new provisions (ss 39-42). However, confirm that any conditions or payment obligations attaching to those approvals remain complied with, particularly where s 25 provides for lapsing if fees are not paid and agisting not commenced within specified intervals.
Seek advice where ambiguous
Where the Regulation uses open standards such as “reasonable excuse” or “reasonable steps”, or where boundaries and plan references are contested, obtain legal or administrative advice before proceeding. For controller decisions that affect your agistment rights, consider early administrative engagement and, if necessary, timely review or merits appeal processes available in the jurisdiction.
For section 65 (1) of the Act , the land described in schedule 3 is prohibited camping land.
sec.8 Regulated camping land— Act , s 66
sec.8 Regulated camping land— Act , s 66
For section 66 (1) of the Act , the land described in schedule 4 is regulated camping land.
pt.3 Conduct of persons— Act , s 107
Conduct of persons— Act , s 107
pt.3-div.1 Conduct generally
Conduct generally
sec.9 Display of permits
sec.9 Display of permits
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.
The person must take reasonable steps to ensure the permit remains displayed while the person camps under the permit.
Maximum penalty—2 penalty units.
(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.
(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.
(a) if the person is using a camping structure—to the structure; or
(b) otherwise—to other camping equipment used by the person.
sec.10 Particular conduct prohibited
sec.10 Particular conduct prohibited
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.
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.
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
(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.
(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.
(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
(a) deface, destroy or injure a tree; or
(b) clear vegetation for a purpose other than digging the land cleared; or
(c) pollute a watercourse or a receptacle used for water storage; or
(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
(e) place dug material on a slope where water may wash the material away; or
(f) interfere with an improvement, a site of cultural heritage significance or stock.
sec.11 Fossicking in a watercourse
sec.11 Fossicking in a watercourse
This section applies to a person fossicking in a watercourse.
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.
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.
(sec.11-ssec.1) This section applies to a person fossicking in a watercourse.
(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.
(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.
(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
(i) a weir, bridge or other structure in or over the watercourse; or
(ii) a pump used to pump water from the watercourse; or
(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
(c) interrupt, divert or stop the flow of water in the watercourse more than is necessary to fossick in the watercourse; or
(d) cause stream turbidity more than 300m downstream from where the person is fossicking; or
(e) erect a structure in the watercourse.
(i) a weir, bridge or other structure in or over the watercourse; or
(ii) a pump used to pump water from the watercourse; or
(a) refill the places dug with dug material; and
(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.
(i) interrupt, divert or stop the flow of water in the watercourse; or
(ii) disturb the watercourse’s usual course at low flow.
(i) interrupt, divert or stop the flow of water in the watercourse; or
(ii) disturb the watercourse’s usual course at low flow.
sec.12 Disposal of human waste
sec.12 Disposal of human waste
A person fossicking under a licence or camping under a permit on land must dispose of all human waste made by the person—
if there are facilities for disposing of human waste on the land—by using the facilities; or
otherwise—by burying the waste—
at least 20m from the nearest high bank of any watercourse; and
at least 20cm below the land’s surface.
Maximum penalty—5 penalty units.
(a) if there are facilities for disposing of human waste on the land—by using the facilities; or
(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.
(i) at least 20m from the nearest high bank of any watercourse; and
(ii) at least 20cm below the land’s surface.
(i) at least 20m from the nearest high bank of any watercourse; and
(ii) at least 20cm below the land’s surface.
sec.13 Land to be left safe
sec.13 Land to be left safe
A 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.
filling in a place dug by the person on the site
Maximum penalty—5 penalty units.
sec.14 Land to be left tidy
sec.14 Land to be left tidy
A person who has stopped fossicking under a licence or camping under a permit on land must, immediately before leaving the land—
remove the person’s camping structures from the camp site; and
remove the person’s rubbish from the camp or fossicking site; and
make the camp or fossicking site tidy.
Maximum penalty—5 penalty units.
(a) remove the person’s camping structures from the camp site; and
(b) remove the person’s rubbish from the camp or fossicking site; and
(c) make the camp or fossicking site tidy.
pt.3-div.2 Conduct of persons on designated fossicking land and fossicking areas
Conduct of persons on designated fossicking land and fossicking areas
sec.15 Structures, dams and machinery
sec.15 Structures, dams and machinery
A person must not erect an enclosed structure, dam or pipeline, or install fixed machinery, on designated fossicking land or a fossicking area.
Maximum penalty—50 penalty units.
sec.16 Routes, tracks and roads
sec.16 Routes, tracks and roads
A person must not mark out, bulldoze, grade or make a route, track or road on designated fossicking land or a fossicking area—
without the written approval of the chief executive, the land manager for the land or the owner of the land; or
in contravention of a condition of a written approval mentioned in paragraph (a) .
Maximum penalty—20 penalty units.
(a) without the written approval of the chief executive, the land manager for the land or the owner of the land; or
(b) in contravention of a condition of a written approval mentioned in paragraph (a) .
sec.17 Use of vehicles
sec.17 Use of vehicles
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.
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.
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.
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.
(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.
(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 pen
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