The fossicking/prospecting rules in NSW have become a minefield to navigate & unfortunately very confusing to many people, especially those new to the hobby.
In an effort to simplify things & address some enquiries I've put together the following summary.
Private Property
The consent/permission of the land owner MUST be given. This is pretty straight forward & should be obvious to all. If your unsure of the land status treat it as private property. No permission - No go.
Fossicking Districts
Basically a Fossicking District gives no right of access or any consent/permission to fossick or prospect on any land.
Fossicking Districts only remove the need to get the permission of Exploration Lease holders to fossick on land the Exploration Lease covers.
You MUST still have the consent/permission or, where required, a permit from the land owner/land manager/leaseholder regardless of whether the land is private, under tenure/lease or crown land.
For Unmanaged Crown Land in a Fossicking District a permit from NSW Crown Lands is required & in most cases should be provided (see below for further info).
Outside of Fossicking Districts you, by rights & under law, require the consent/permission of the Exploration Leaseholder also, even on private property. Unfortunately this is not easy to obtain.
Outside of Fossicking Districts permission for Unmanaged Crown Lands, or even Managed Crown Land, becomes a bit tricky. Living in & close by to several Fossicking Districts I've never had this issue but assume for Unmanaged Crown Land they may either require proof you have the Exploration Leaseholders permission or make it part of your conditions. For Managed Crown Land the onus would be on the individual to arrange not the land manager.
Mining & other types of mineral lease are OFF LIMITS altogether without the consent of the Leaseholder.
Fossicking Districts can be found here: https://minview.geoscience.nsw.gov.au/#/?lon=148.5&lat=-32.5&z=7&bm=bm3&l=ta2:y:100
NSW Crown Land
There are 3 types of Crown Land in NSW that need to be considered: Unmanaged, Managed & Under Tenure (Lease).
Unmanaged Crown Land
NSW Crown Lands now require Temporary Fossicking Permits for Unmanaged Crown Lands. These are free, last for 12 months & are obtained from the Crown Lands office nearest to your area of interest.
To apply you'll need the general locality, DP & Lot no."s of the lots you require permits for (obtainable on Minview, SixMaps etc.).
Contact Crown Lands: https://www.crownland.nsw.gov.au/contact-us
Not all applications will be approved due to other factors like Native Title, Environmental issues etc. In my experience most applications have been approved though.
Managed Crown Land
A large portion of NSW Crown Land is under management of various bodies such as Common Trusts, Local Land Services, LGA's/Councils, State Water etc.
To access this type of Crown Land you need the consent/permission of the managing body (no Crown Lands Temporary Permit required).
Some of these areas have standing permission in place but the onus is still on the individual fossicker/prospector to ensure that they are allowed to access & fossick/prospect on the land. It can & does change!
Under Tenure (Lease)
Crown Land that is under tenure/lease is treated like private property. Consent/permission MUST be sought from the leaseholder for fossicking/prospecting activities.
NSW State Forests
Fossicking is allowed in most NSW State Forests with a permit. The permit fee is payable & other info provided here: https://www.forestrycorporation.com.au/visit/activities/fossicking
The NSW State Forest permit only applies to state forest areas. It DOES NOT give any right of access to any other land for fossicking/prospecting.
Map showing NSW State Forest areas where fossicking is and is not permitted: https://minview.geoscience.nsw.gov....&z=7&bm=bm3&l=re4:y:100,ad62:y:100,ad61:y:100
The rules for Fossicking Districts (outlined above) apply to NSW State Forests also.
In an effort to simplify things & address some enquiries I've put together the following summary.
Private Property
The consent/permission of the land owner MUST be given. This is pretty straight forward & should be obvious to all. If your unsure of the land status treat it as private property. No permission - No go.
Fossicking Districts
Basically a Fossicking District gives no right of access or any consent/permission to fossick or prospect on any land.
Fossicking Districts only remove the need to get the permission of Exploration Lease holders to fossick on land the Exploration Lease covers.
You MUST still have the consent/permission or, where required, a permit from the land owner/land manager/leaseholder regardless of whether the land is private, under tenure/lease or crown land.
For Unmanaged Crown Land in a Fossicking District a permit from NSW Crown Lands is required & in most cases should be provided (see below for further info).
Outside of Fossicking Districts you, by rights & under law, require the consent/permission of the Exploration Leaseholder also, even on private property. Unfortunately this is not easy to obtain.
Outside of Fossicking Districts permission for Unmanaged Crown Lands, or even Managed Crown Land, becomes a bit tricky. Living in & close by to several Fossicking Districts I've never had this issue but assume for Unmanaged Crown Land they may either require proof you have the Exploration Leaseholders permission or make it part of your conditions. For Managed Crown Land the onus would be on the individual to arrange not the land manager.
Mining & other types of mineral lease are OFF LIMITS altogether without the consent of the Leaseholder.
Fossicking Districts can be found here: https://minview.geoscience.nsw.gov.au/#/?lon=148.5&lat=-32.5&z=7&bm=bm3&l=ta2:y:100
NSW Crown Land
There are 3 types of Crown Land in NSW that need to be considered: Unmanaged, Managed & Under Tenure (Lease).
Unmanaged Crown Land
NSW Crown Lands now require Temporary Fossicking Permits for Unmanaged Crown Lands. These are free, last for 12 months & are obtained from the Crown Lands office nearest to your area of interest.
To apply you'll need the general locality, DP & Lot no."s of the lots you require permits for (obtainable on Minview, SixMaps etc.).
Contact Crown Lands: https://www.crownland.nsw.gov.au/contact-us
Not all applications will be approved due to other factors like Native Title, Environmental issues etc. In my experience most applications have been approved though.
Managed Crown Land
A large portion of NSW Crown Land is under management of various bodies such as Common Trusts, Local Land Services, LGA's/Councils, State Water etc.
To access this type of Crown Land you need the consent/permission of the managing body (no Crown Lands Temporary Permit required).
Some of these areas have standing permission in place but the onus is still on the individual fossicker/prospector to ensure that they are allowed to access & fossick/prospect on the land. It can & does change!
Under Tenure (Lease)
Crown Land that is under tenure/lease is treated like private property. Consent/permission MUST be sought from the leaseholder for fossicking/prospecting activities.
NSW State Forests
Fossicking is allowed in most NSW State Forests with a permit. The permit fee is payable & other info provided here: https://www.forestrycorporation.com.au/visit/activities/fossicking
The NSW State Forest permit only applies to state forest areas. It DOES NOT give any right of access to any other land for fossicking/prospecting.
Map showing NSW State Forest areas where fossicking is and is not permitted: https://minview.geoscience.nsw.gov....&z=7&bm=bm3&l=re4:y:100,ad62:y:100,ad61:y:100
The rules for Fossicking Districts (outlined above) apply to NSW State Forests also.
