prospecting licence to get around council no camping signs

G'day, interesting question, I will watch the replies with interest...........

Hi

Not sure about other states but in WA a "prospecting licence" is issued for a set area of land (same as mining lease, exploration licence etc). You can't just get a "prospecting licence" that covers everywhere. Or do you mean a miners right?

Cheers
Greg

Stuart - You would need to be a Philadelphia lawyer to argue successfully that a Prospecting Licence gives you the ability to override local council by-laws.

The council by-laws take priority over a PL. You would be hard-pressed to convince anyone in authority that a lovely sandy beach with great views and top-class fishing - and containing no-camping signs - is a highly-prospective place to find gold and other minerals, and you have the right to camp there to carry out your prospecting.
You could possibly carry out your prospecting there,if you were genuinely prospecting, but you would have to camp in a designated camping area.

Note that a PL (in W.A., anyway) does not give you the right to prospect in Reserves.
16% of the land in W.A. is covered by Reserves (National Parks and other land reserved for public use). Many beaches are part of Reserves.
You also have to liase with Pastoral Leaseholders when you have a PL. Pastoral Leaseholders rights take precedence over PL holders rights - so if a Pastoralist states you are interfering with his pastoral operations, you can be moved on.
You have to apply for special permission to prospect near waterholes, dwellings and other features that are critical to pastoral operations.

Council by-laws are the primary law or regulation of activities in everything we do on a daily basis. Even if you have a rural property, council planning laws and by-laws still apply to many of your rural pursuits, even in agricultural activities.
So, yes, a PL can give you a reason to camp on Crown Land - but if it came to an argument with a council officer, you would need to show that you are genuinely prospecting, that you are properly equipped to do so - and you are not in contravention of any local council by-laws, or the PL T's & C's.

Cheers, Ron.
(former gold miner, prospector, and gold mine owner)

As far as WA goes and if you have a miners right (not a prospecting license..that is different)...

Rights of the holder of a Miner's Right

The holder of Miner's Right is authorised under sections 20 and 400 of the Mining Act 1978 to carry out the following activities on Crown land not the subject of a mining tenement:

• prospect for minerals (including gold)
• conduct geological mapping
• conduct tests for minerals
• undertake limited sampling using hand held equipment and to remove samples up to 20kg
• mark out mining tenements
• fossick for rocks, gemstones, etc
• take water and camp for the purposes of prospecting

Possession of a Miner's Right does not authorise these activities on private land or reserve land (except where the purpose is a common, mining or public utility).

So, looks like in theory you could camp on the "beach" (for example) - but first it would need to be Crown Land not the subject of an existing tenement (unless it was your tenement), the area couldn't be a reserve (with some exceptions), and you would have to be legitimately carrying out prospecting..not just being a smart arse.

Wouldn't be surprised if other laws/regs override this "right" in certain areas but no idea what they may be.

Cheers
Greg

Its a shame people dont accept rules for what they are instead of trying to find ways around them.
There is always a reason behind them so perhaps accept them and go somewhere else.

Theres always one isnt there.

Hi Gunny. Does Stuart know that you are mucking about on his computer?

Some further WA legislation:

Mining Regulations 1981
101. Manner of camping (Act s. 40D(1)(f))
For the purposes of section 40D(1)(f) the holder of a miner’s right may camp on Crown land in —
(a) a vehicle or caravan; or
(b) a tent or other temporary structure; or
(c) the open air.

Section 40D seem to be deleted.


Mining Act 1978
Crown land means all land except —
(a) land that has been reserved for or dedicated to any public purpose other than —
(i) land reserved for mining or commons;
(ii) land reserved and designated for public utility for any purpose under the Land Administration Act 1997
(b) land that has been lawfully granted or contracted to be granted in fee simple by or on behalf of the Crown;
(c) land that is subject to any lease granted by or on behalf of the Crown other than
(i) a pastoral lease within the meaning of the Land Administration Act 1997, or a lease otherwise granted for grazing purposes only; or
(ii) a lease for timber purposes; or
(iii) a lease of Crown land for the use and benefit of the Aboriginal inhabitants;
(d) land that is a townsite within the meaning of the Land
Administration Act 1997

Land Administration Act 1997
Public utility services means, “means drainage, electricity, gas, sewerage, telephone or water services or such other services as are prescribed for the purposes of this definition"


Off for my first bit of prospecting this long weekend, hoping for a bit of luck - All exploration leases and old gold mines imported into Oziexplorer :-)

Cheers
Alan

Can't imagine why you would want to do this apart from the mental exercise. Easier to just do as you are asked and find somewhere else. It proves nothing.
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