Fossicking is the non-commercial recreational activity of searching for and collecting rocks, minerals, crystals and fossils. Fossicking is enjoyed by thousands of people in New South Wales. It offers a golden opportunity to discover the beauty and diversity of the earth's mineral wealth. It combines leisure, pleasure and 'treasure' all in one! and best of all, no licence is required. However, some basic rules should be followed.

Since August 1992 when the Mining Act 1992 commenced, fossicking licences have not been required for fossicking in New South Wales. Under the terms of this Act, fossicking may now be carried out anywhere in the state providing the following conditions are met:

• No other Act or law applies which would prevent it;
• The landholder's consent is obtained;
• The consent of any public or local authority having the management, control or trusteeship of the land is obtained; and
• The titleholder's consent is also obtained, where the location is covered by a current title under the Mining Act 1992 (www.legislation.nsw.gov.au). (This title may be an exploration licence, assessment lease, mining lease, mineral claim or Opal Prospecting Licence).

Safety on Opal Fields

Safety is paramount on the opal fields at Lightning Ridge. Although established opal fields may be good places for fossicking, there are many hidden hazards such as opal shafts (also concealed shafts), drill holes and open cuts. Children are especially vulnerable, and need to be carefully supervised at all times.

Fossickers should first make their presence known to any miners in the area. Heavy mining and earthmoving equipment operates on opal fields, often moving or operating without warning. Fossickers are warned against entering old underground workings. Many dangers exist such as unstable ground, snakes, stale air (lack of oxygen), unprotected openings and holes full of water. Avoid fossicking alone, and ensure that someone is aware of where you are going. In hot weather, wear appropriate clothing for sun protection and carry plenty of water.

Landholder's Consent

Amendments to the Mining Act 1992 (www.legislation.nsw.gov.au) governing fossicking were passed by the NSW Parliament in late 2004.Fossickers are now required to seek the consent of the landholder or leaseholder prior to the entry of any land. Fossickers should also comply with any instructions from the landholder (these may relate to what tracks to use, which paddocks to avoid, and the use of gates etc).

Where a fossicker needs to obtain information about the ownership or status of land it would be appropriate to make inquiries at local councils, the Department of Lands, and in respect of State Forest land, Forests NSW. The Department of Primary Industries - Mineral Resources does not keep land title records and information.

Public or Local Authority Consent

Various lands in the state are under the management, control or trusteeship of public or local authorities. These lands include State Forests, reserves for public purposes etc. To fossick on these lands fossickers need the consent of the appropriate authority (e.g., Department of Lands, Forests NSW, local council, Rural Lands Protection Board, Trustees of Commons). Note that fossicking is not allowed in National Parks.

Titleholder's Consent

Where the fossicking location is covered by a current title under the Mining Act 1992 (www.legislation.nsw.gov.au), the titleholder's consent must be obtained prior to fossicking. It should be noted that consent of the landholder is still required prior to accessing the land on which the title is located.

Basic Conditions

Note that when fossicking, a person must not:

1.

• (a) fossick for minerals using explosives, power-operated equipment or any other equipment except hand-held implements, or
• (b) in the course of fossicking for minerals:
• (i) excavate or clear any land or waters, or
• (ii) damage any bushrock or remove any bushrock from the site, or
• (c) in the course of fossicking for minerals, remove more than:
• (i) 25 kilograms of minerals (other than gold or gemstones), or
• (ii) 50 grams of gold (except where found as nuggets of 10 grams or greater), or
• (iii) 100 grams of gemstones,
during any single period of 48 hours, or
• (d) fail to replace (where practicable) any soil, rock or other material that the person has disturbed in the course of fossicking for minerals.

Note. The language of part of this subclause mirrors the language of part of section 24LA (Low impact future acts) of the Native Title Act 1993 (www.austlii.edu.au) of the Commonwealth. That section refers, in part, to an act (in relation to particular land or waters) that does not consist of, authorise or otherwise involve "the excavation or clearing of any of the land or waters" or "mining (other than fossicking by using hand-held implements)".

2. In point 1 above, gemstone means a Group 6 or Group 7 minerals.
Note. Group 6 and Group 7 minerals are:

• Group 6: diamond, sapphire, ruby and corundum.
• Group 7: opal.

If you do not comply with any of these basic conditions, you can be fined up to $1,100.

Ownership of Fossicked Gems and Minerals

The Mining Act 1992 says that any mineral that is recovered in the course of lawful fossicking becomes the property of the person who found it, at the time it is removed from the land on which it is found.

Fossicking in State Forests

Fossicking in State Forests is administered by Forests NSW. People wishing to fossick in a State Forest need to obtain permission from the local district office.

Also, the site of any fossicking must be left in a clean and tidy condition, and any site disturbed must be filled in before any other area is disturbed.

For further information, contact Forests NSW Offices in the following centres:

• Hume Region
• Macquarie Region
• Monaro Region
• Northern Region
• Grafton Office (Northern Region)
• Central Region
• North East Region
• Southern Region
• South East Office (Southern Region)
• Riverina Region
• Western Region

Further information

For further information about fossicking, please contact a Mining Registrar or other staff at a local office of the Department of Primary Industries - Mineral Resources or the department's Head Office. The department trusts that you will enjoy your fossicking activities.

• LRMA Opal Advisory Service