Fossicking Regulation 2009

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

3 Regulation does not affect landowner’s rights . . . . . . . . . . . . . . . 3 Part 2 Designated fossicking land, fossicking areas and other land

4 Designated fossicking land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

5 Fossicking areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

6 Prohibited camping land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

7 Regulated camping land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 3 Camping

8 Self-registration camping areas . . . . . . . . . . . . . . . . . . . . . . . . . . 4

9 When permit is taken to have been granted . . . . . . . . . . . . . . . . 5

10 Display of permits and self-registration forms . . . . . . . . . . . . . . . 6

11 Interference with permits and self-registration forms . . . . . . . . . 6 Part 4 Control of activities on all land

12 Particular activities prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

13 Fossicking in a watercourse . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

14 Disposal of human wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

15 Land to be left safe and tidy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 5 Control of activities on designated fossicking land and fossicking areas

16 Structures, dams and machinery . . . . . . . . . . . . . . . . . . . . . . . . . 9

17 Roads, tracks etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

18 Use of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

19 Other prohibited conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

20 Display of advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

21 Other prohibited activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Fossicking Regulation 2009 Contents Part 6 Miners common Division 1 Preliminary

22 Name and area of miners common . . . . . . . . . . . . . . . . . . . . . . . 12

23 Who is controller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

24 Performing functions under this part . . . . . . . . . . . . . . . . . . . . . . 12 Division 2 Agistment

25 Approval needed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

26 When agistment approval can not be given . . . . . . . . . . . . . . . . 13

27 Agistment approval not transferable . . . . . . . . . . . . . . . . . . . . . . 14

28 How long agistment approval is in force . . . . . . . . . . . . . . . . . . . 14

29 Tagging agisted stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

30 Varying carrying capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

31 Notice of varied carrying capacity . . . . . . . . . . . . . . . . . . . . . . . . 15

32 Mustering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 3 Records

33 Register of agistment approvals . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 7 General

34 Term of licence—Act, s 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

35 Term of fossickers camping permit—Act, s 63 . . . . . . . . . . . . . . 17

36 Commission—Act, s 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

37 Prescribed value for abandoned property—Act, s 97 . . . . . . . . . 18

38 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

39 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Part 8 Repeal

40 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Schedule 1 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Schedule 2 Designated fossicking land . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Schedule 3 Fossicking areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Schedule 4 Prohibited camping land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Schedule 5 Regulated camping land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Schedule 6 Rubyvale, Sapphire and Scrub Lead Miners Common . . . . . 26 Schedule 7 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Page 2 Fossicking Regulation 2009 Part 1 Preliminary [s 1] Fossicking Regulation 2009 Part 1 Preliminary

1 Short title This regulation may be cited as the Fossicking Regulation 2009.

2 Definitions The dictionary in schedule 7 defines particular words used in this regulation.

3 Regulation does not affect landowner’s rights (1) This regulation does not limit a right of an owner of land to use the land or to authorise another person to use the land for a purpose that, apart from this regulation, would be a lawful purpose. (2) Despite any other provision of this regulation, the carrying out of the use by the owner or other person is not an offence against this regulation. Part 2 Designated fossicking land, fossicking areas and other land

4 Designated fossicking land (1) The land stated in schedule 2 is designated fossicking land with the name given to it in the schedule. (2) The area given for the land is the total area inside the boundaries of the land, even though some of the land may not be designated fossicking land because it is excluded from the designated fossicking land under the Act. Current as at 1 July 2017 Page 3 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 3 Camping [s 5] Note— See expired sections 112 (Designated areas) and 118 (Application of s 20A of Acts Interpretation Act 1954) of the Act.

5 Fossicking areas (1) The land stated in schedule 3 is a fossicking area with the name given to it in the schedule. (2) The area given for the land is the total area inside the boundaries of the land, even though some of the land may not be part of the fossicking area because it is excluded from the fossicking area under the Act. Note— See expired sections 113 (Fossicking areas) and 118 (Application of s 20A of Acts Interpretation Act 1954) of the Act.

6 Prohibited camping land The land stated in schedule 4 is prohibited camping land.

7 Regulated camping land The land stated in schedule 5 is regulated camping land. Part 3 Camping

8 Self-registration camping areas (1) The chief executive may erect or display on, or at or near an entrance to, regulated camping land, a notice (a self-registration camping notice) stating that the land, or a stated part of the land, is a self-registration camping area for a stated period. (2) The self-registration camping notice must state, in general terms, the procedures to be followed by persons intending to camp in the area. Page 4 Current as at 1 July 2017 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 3 Camping [s 9] (3) The self-registration camping notice must also state— (a) how many people may camp in the area under a permit; and (b) how long a person may camp in the area; and (c) how many people may camp on a camp site in the area; and (d) how many permits may apply to a camp site in the area; and (e) the camping fee payable for camping in the area; and (f) the penalty for camping in the area without a permit. (4) The chief executive must make forms (camping forms) and a sealed, secure camping fee container available for use in an easily accessible and conspicuous position in the area. (5) The camping form must— (a) state the procedures a person using the form must follow; and (b) include a detachable camping fee envelope and a form (a self-registration form) to be displayed at the person’s camp site.

9 When permit is taken to have been granted (1) This section applies if a person follows the procedures stated on a camping form for a self-registration camping area. (2) The person, and anyone described in the camping form as accompanying the person, is taken to have been granted a permit for the area and period stated on the form. (3) However, the permit is not taken to have been granted— (a) for more people than the number described in the camping form; or (b) for more people than the number stated on the self-registration camping notice; or (c) if the area is not a self-registration camping area; or Current as at 1 July 2017 Page 5 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 3 Camping [s 10] (d) for longer than the longest period that a person may camp in the area; or (e) if the person paid the camping fee by cheque and the cheque is dishonoured; or (f) to the extent the person contravenes any other requirement stated on the self-registration camping notice for the area.

10 Display of permits and self-registration forms (1) A person camping under a permit, including a person to whom a permit is taken to have been granted, must, immediately after making camp, display the form by attaching it, in a conspicuous position— (a) to the person’s tent, caravan or other structure; or (b) if paragraph (a) does not apply—to other camping equipment used by the person. Maximum penalty—2 penalty units. (2) The person must take reasonable steps to ensure the permit or self-registration form remains displayed while the person camps under the permit or self-registration form. Maximum penalty—2 penalty units. (3) A person, other than a person taken to have been granted a permit, must not attach a self-registration form to a tent, caravan, other structure, camping equipment or vehicle. Maximum penalty—2 penalty units.

11 Interference with permits and self-registration forms A person must not remove or interfere with a permit or self-registration form displayed at someone else’s camp site. Maximum penalty—2 penalty units. Page 6 Current as at 1 July 2017 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 4 Control of activities on all land [s 12] Part 4 Control of activities on all land

12 Particular activities prohibited (1) A person fossicking under a licence or camping under a permit must not, unless the person has a reasonable excuse— (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 land dug; or (e) place material dug on a slope where water may wash it away; or (f) interfere with improvements, a site of cultural heritage significance or domestic stock. Maximum penalty—20 penalty units. (2) 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, means its aesthetic, architectural, historical, scientific, social or other significance, to the present generation or past or future generations.

13 Fossicking in a watercourse (1) This section applies to a person fossicking in a watercourse. (2) The person must not— (a) fossick within 40m of— (i) a weir, bridge or other structure in or over the watercourse; or Current as at 1 July 2017 Page 7 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 4 Control of activities on all land [s 14] (ii) a site of a pump used to pump water from the watercourse; or (b) if fossicking within 3m of the top or toe of a bank or in a bank slope may cause erosion or the collapse of the bank—fossick within 3m of the top or toe of the bank or in the bank’s slope; or (c) significantly interrupt, divert or stop the flow of water in the watercourse; or (d) cause significant stream turbidity more than 300m downstream from the person’s fossicking site; or (e) erect a structure in the watercourse. Maximum penalty—20 penalty units. (3) A person digging in a watercourse must, before leaving the watercourse— (a) refill the person’s fossicking site; and (b) if there is material left over after refilling the site—put the left over material in a place in the watercourse where it is unlikely to affect significant stream flows or disturb the stream’s usual course at low flow. Maximum penalty—20 penalty units.

14 Disposal of human wastes A person fossicking under a licence or camping under a permit must dispose of human waste— (a) if there are facilities for disposing of human waste on the land—in the facilities; or (b) by burying it at least 20m from the nearest high bank of any watercourse and covering it with at least 20cm of soil. Maximum penalty—5 penalty units. Page 8 Current as at 1 July 2017 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 5 Control of activities on designated fossicking land and fossicking areas [s 15]

15 Land to be left safe and tidy (1) A person who has stopped fossicking or camping 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, for example, by filling in any place dug by the person. Maximum penalty—5 penalty units. (2) The person must also— (a) pull down the person’s camping structures; and (b) leave the site tidy and free from rubbish. Maximum penalty—5 penalty units. (3) If there are no rubbish containers on the land, the person must take the person’s rubbish away from the land. Maximum penalty—5 penalty units. Part 5 Control of activities on designated fossicking land and fossicking areas

16 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.

17 Roads, tracks etc. A person must not mark out, bulldoze, grade or make a route, track or road on designated fossicking land or a fossicking area— (a) without the chief executive’s or land manager’s written approval; or Current as at 1 July 2017 Page 9 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 5 Control of activities on designated fossicking land and fossicking areas [s 18] (b) in contravention of the conditions of the approval. Maximum penalty—20 penalty units.

18 Use of vehicles (1) This section applies to designated fossicking land and fossicking areas (fossicking land), but does not apply to a public road on the land. (2) A person must not drive a vehicle on fossicking land unless— (a) the vehicle is registered; and (b) the person holds a licence to drive the vehicle under the Transport Operations (Road Use Management) Act 1995 or a corresponding law. Maximum penalty—5 penalty units. (3) A person must not drive a vehicle on fossicking land— (a) at more than 50km/h; or (b) other than on a made track or road; or (c) in a way that may— (i) unreasonably inconvenience someone else on the land; or (ii) endanger anyone on the land (including the driver); or (iii) damage a road surface; or (d) in a way that makes excessive noise. Maximum penalty—5 penalty units.

19 Other prohibited conduct A person on designated fossicking land or a fossicking area must not— (a) use a weapon, trap or explosive on the land, unless the person has a reasonable excuse; or Page 10 Current as at 1 July 2017 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 5 Control of activities on designated fossicking land and fossicking areas [s 20] (b) operate a generator, engine-driven equipment, radio or other electrical appliance in a way that may unreasonably annoy someone else on 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 properly built fireplace; or (ii) if, under a sign erected on the land by the chief executive, a person must not light a fire on the land; or (e) allow water, other than water the person brought onto the land, to run to waste; or (f) if, under a sign erected on the land by the chief executive, a person must not bring a cat or dog onto the land—bring a cat or dog onto the land. Maximum penalty—20 penalty units.

20 Display of advertisements (1) A person must not, without the chief executive’s written approval, display an advertisement on a fossicking area, unless the person has a reasonable excuse. Maximum penalty—5 penalty units. (2) It is a reasonable excuse for a person to display an advertisement if the advertisement is on a vehicle used for commercial purposes by a person visiting the land to fossick under a licence or to bring supplies to a person fossicking under a licence.

21 Other prohibited activities A person on a fossicking area must not, without the chief executive’s written approval— (a) set up or use a loudspeaker system; or Current as at 1 July 2017 Page 11 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 6 Miners common [s 22] (b) hold or address a meeting, assembly or religious service; or (c) give a musical performance; or (d) solicit donations; or (e) give out literature. Maximum penalty—5 penalty units. Part 6 Miners common Division 1 Preliminary

22 Name and area of miners common (1) The name of the miners common is the ‘Rubyvale, Sapphire and Scrub Lead Miners Common’. (2) The miners common includes all unoccupied land within the designated fossicking land and fossicking areas stated in schedule 6.

23 Who is controller The Central Highlands Regional Council is controller of the miners common.

24 Performing functions under this part (1) The controller may authorise its chief executive officer to do anything necessary to be done for the performance of its functions under this part. (2) In particular, 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. Page 12 Current as at 1 July 2017 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 6 Miners common [s 25] (3) The chief executive officer may, in the appointment, impose conditions on the performance of the functions. Division 2 Agistment

25 Approval needed (1) A person must not agist stock on the miners common unless the person— (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. Maximum penalty—20 penalty units. (2) An application for an agistment approval must be written and be accompanied by— (a) the prescribed fee; and (b) documentary evidence of ownership of the stock to be agisted and any permission needed to keep the stock. (3) In this section— Rubyvale–Sapphire area means land within the boundaries shown on plans mentioned in schedule 2 for the following designated fossicking land— • Divide designated fossicking land • Reward designated fossicking land • Rubyvale designated fossicking land • Sapphire designated fossicking land • Scrub Lead designated fossicking land.

26 When agistment approval can not be given (1) The controller must not give an agistment approval to a minor. Current as at 1 July 2017 Page 13 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 6 Miners common [s 27] (2) Also, the controller must not give an agistment approval if— (a) it allows a person to agist more than 20 head of stock on the miners common; or (b) it increases the number of stock agisted on the miners common to more than— (i) the carrying capacity of the miners common; or (ii) if the controller has varied the carrying capacity under this division by reducing or increasing the number of stock that may agist on the miners common—the varied carrying capacity; or (c) the controller reasonably believes the condition, carrying capacity or varied carrying capacity of the miners common can not support the stock. (3) In calculating the number of stock for a person under subsection (2)(a), the controller must include stock agisted under all agistment approvals in which the person has a direct or indirect interest.

27 Agistment approval not transferable An agistment approval is not transferable.

28 How long agistment approval is in force (1) An agistment approval is in force for the period stated in the approval and may be renewed. (2) However, an agistment approval lapses if the approval holder does not do the following within 14 days after a day stated in the approval— (a) pay the fees payable under the approval; (b) start agisting stock on the miners common. Page 14 Current as at 1 July 2017 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 6 Miners common [s 29]

29 Tagging agisted stock (1) If the controller issues tags for agisted stock, a person agisting stock under an agistment approval must ensure each animal agisted is tagged with a tag supplied by the controller. Maximum penalty—20 penalty units. (2) A person whose agistment approval ends must return tags issued to the person under subsection (1) to the controller within 7 days after the approval ends. Maximum penalty—20 penalty units.

30 Varying carrying capacity (1) The controller may vary the number of stock that may agist on the miners common (the varied carrying capacity) as follows— (a) if the controller reasonably believes there are more stock on the miners common than it can support—by reducing the number of stock that may agist on the common; (b) if the controller reasonably believes the common can support more than the number of stock agisted on the common without adversely affecting future agistment—by increasing the number of stock that may agist on the common. (2) The controller must apply the varied carrying capacity in a way that ensures, as far as is reasonably practicable, no existing or prospective agistment approval holder is treated more favourably than any other approval holder. (3) Subsection (1)(b) does not authorise the controller to increase a person’s agistment approval beyond 20 head of stock.

31 Notice of varied carrying capacity (1) If the controller reduces the number of stock that may agist on the miners common under section 30(1)(a), the controller must give written notice of the varied carrying capacity to each agistment approval holder affected by it. Current as at 1 July 2017 Page 15 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 6 Miners common [s 32] (2) The notice must— (a) state the reduced number of stock the approval holder may agist; and (b) ask the approval holder to reduce stock agisted under the approval to the stated number within a stated reasonable period. (3) The approval holder must comply with the notice, unless the approval holder has a reasonable excuse. Maximum penalty for subsection (3)—20 penalty units.

32 Mustering (1) The controller must muster stock agisted on the miners common at least once but not more than 6 times a year. (2) The controller may muster the stock— (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 on the common. Division 3 Records

33 Register of agistment approvals (1) The controller must keep a register of agistment approvals. (2) The register must include the following details for each approval— (a) the name and address of the person given the approval; (b) the type and number of stock that may be agisted under the approval; (c) the number of each tag issued to the approval holder by the controller; Page 16 Current as at 1 July 2017 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 7 General [s 34] (d) amounts the controller receives for agistment fees and tags; (e) particulars of any action taken for stock agisted. (3) The controller must keep the register available for inspection during business hours, free of charge. Part 7 General

34 Term of licence—Act, s 19 An issuing officer may grant— (a) an individual or family fossickers licence for 1 month, 6 months or 1 year; or (b) an educational organisation or commercial tour operator fossickers licence for 1 month or 1 year; or (c) another kind of licence for 1 year.

35 Term of fossickers camping permit—Act, s 63 An issuing officer may grant a permit for not more than 3 months.

36 Commission—Act, s 71 (1) This section applies to an issuing officer authorised under the Act, section 71(3)— (a) to charge a commission for issuing a licence or permit; or (b) to keep a part of the prescribed fee for issuing a licence or permit. (2) The commission or kept part of the licence or permit fee is 10% of the fee. Current as at 1 July 2017 Page 17 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Part 8 Repeal [s 37]

37 Prescribed value for abandoned property—Act, s 97 For section 97 of the Act, the prescribed value for abandoned property is $300.

38 Forms The chief executive may approve forms for use under this regulation.

39 Fees The fees payable under the Act are stated in schedule 1. Part 8 Repeal

40 Repeal The Fossicking Regulation 1994, SL No. 466 is repealed. Page 18 Current as at 1 July 2017 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Schedule 1 Schedule 1 Fees section 39 $

1 Individual fossickers licence— (a) for 1 month 8.00 (b) for 6 months 30.50 (c) for 1 year 51.30

2 Family fossickers licence— (a) for 1 month 11.55 (b) for 6 months 39.15 (c) for 1 year 68.60

3 Club fossickers licence 85.95

4 Educational organisation fossickers licence— (a) for 1 month 34.05 (b) for 1 year 68.60

5 Commercial tour operator fossickers licence— (a) for 1 month 60.10 (b) for 1 year 518.00

6 Individual fossickers camping permit or family fossickers camping permit— (a) for each whole week 24.20 (b) for each night not part of a whole week 3.85

7 Club fossickers camping permit or educational organisation fossickers camping permit, for each person who is to camp under the permit— (a) for each whole week 11.80 Current as at 1 July 2017 Page 19 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Schedule 1 $ (b) for each night not part of a whole week 2.00

8 Commercial tour operator fossickers camping permit, for each person who is to camp under the permit— (a) for each whole week 24.20 (b) for each night not part of a whole week 3.85

9 Copy of a licence 8.00

10 Application for agistment approval—for each tag 16.20

11 Agistment fee—for each tag, for each week 0.38 Page 20 Current as at 1 July 2017 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Schedule 2 Schedule 2 Designated fossicking land section 4

1 Divide designated fossicking land—land west of the Town of Rubyvale shown on plan no. MP40825—an area of 339.1ha.

2 Duck Creek designated fossicking land—land south-east of Quilpie shown on plan no. MP36659—an area of about 633ha.

3 Opalton designated fossicking land—land south of the Town of Winton shown on plan no. MP36631—an area of about 974.5ha.

4 Reward designated fossicking land—land west of the Town of Sapphire shown on plan no. MP34342—an area of about 940ha.

5 Rubyvale designated fossicking land—land around the Town of Rubyvale shown on plan no. MP34341—an area of about 990ha.

6 Sapphire designated fossicking land—land around the Town of Sapphire shown on plan no. MP34343—an area of about 1,570ha.

7 Scrub Lead designated fossicking land—land north-east of the Town of Sapphire shown on plan no. MP34340—an area of about 1,360ha.

8 Sheep Station Creek designated fossicking land—land south-east of Quilpie shown on plan no. MP36659—an area of about 596ha.

9 Willows designated fossicking land—land west of the Town of Anakie shown on plan no. MP36464—an area of about 1,154ha. Note— For items 1, 4 to 7 and 9 see expired sections 112 (Designated areas) and 118 (Application of s 20A of Acts Interpretation Act 1954) of the Act. Current as at 1 July 2017 Page 21 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Schedule 3 Schedule 3 Fossicking areas section 5

1 Agate Creek fossicking area—land south of Forsayth shown on plan no. MP36674 (other than land covered by mining claims 30027 and 30028 and land contained in MHPL1551)—an area of about 4,526ha.

2 Big Bessie fossicking area—land west of the Town of Sapphire shown on plan no. MP34238—an area of 33.55ha.

3 Deep Creek fossicking area—land in the Town of Gympie shown on plan no. MP40896—an area of 7.573ha.

4 Glenalva fossicking area—land west of the Town of Anakie shown on plan no. MP40817—an area of 496.8ha.

5 Graves Hill fossicking area—land west of the Town of Sapphire shown on plan no. MP40830—an area of 115.7ha.

6 Middle Ridge fossicking area—land west of the Town of Rubyvale shown on plan no. MP40828—an area of 31.92ha.

7 Mount Gibson fossicking area—land north-west of Innot Hot Springs shown on plan no. MP35585—an area of 344ha.

8 O’Briens Creek fossicking area—land west-north-west of the Town of Mount Surprise shown on plan no. MP36588 (other than land covered by mining claim, mining lease or residence area)—an area of 3,160ha.

9 Thanes Creek fossicking area—land west of Warwick shown on plan no. MP41157—an area of 3.9ha.

10 Tomahawk Creek fossicking area—land west of the Town of Rubyvale shown on plan no. MP40814—an area of about 2,450ha.

11 Yowah fossicking area—land west of the Town of Eulo shown on plan no. MP41145, sheets 1 and 2 (other than land covered by a mining claim or mining lease)—an area of 27.3ha. Page 22 Current as at 1 July 2017 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Schedule 3 Note— For items 1, 4 to 6 and 10, see expired sections 113 (Fossicking areas) and 118 (Application of s 20A of Acts Interpretation Act 1954) of the Act. Current as at 1 July 2017 Page 23 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Schedule 4 Schedule 4 Prohibited camping land section 6 Part 1 Designated fossicking land

1 Part of Sapphire designated fossicking land shown on plan no. MP34657—area about 670ha.

2 Part of Scrub Lead designated fossicking land and part of Rubyvale designated fossicking land shown on plan no. MP34656—area about 540ha.

3 Willows designated fossicking land. Note— If a plan number is given for the land, the plan shows the limits of the prohibited camping land. Part 2 Fossicking areas

1 Land in the Agate Creek fossicking area.

2 Land in the Deep Creek fossicking area.

3 Land in the Mount Gibson fossicking area.

4 Land in the O’Briens Creek fossicking area.

5 Land in the Thanes Creek fossicking area.

6 Land in the Yowah fossicking area. Note— If a plan number is given for the land, the plan shows the limits of the prohibited camping land. Page 24 Current as at 1 July 2017 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Schedule 5 Schedule 5 Regulated camping land section 7 Part 1 Designated fossicking land

1 Divide designated fossicking land.

2 Duck Creek designated fossicking land.

3 Opalton designated fossicking land.

4 Reward designated fossicking land.

5 Rubyvale designated fossicking land (other than prohibited camping land).

6 Sapphire designated fossicking land (other than prohibited camping land).

7 Scrub Lead designated fossicking land (other than prohibited camping land).

8 Sheep Station Creek designated fossicking land. Part 2 Fossicking areas 1 Big Bessie fossicking area.

2 Glenalva fossicking area.

3 Graves Hill fossicking area.

4 Middle Ridge fossicking area.

5 Tomahawk Creek fossicking area. Current as at 1 July 2017 Page 25 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Schedule 6 Schedule 6 Rubyvale, Sapphire and Scrub Lead Miners Common section 22 Part 1 Designated fossicking land

1 Rubyvale designated fossicking land.

2 Sapphire designated fossicking land.

3 Scrub Lead designated fossicking land. Part 2 Fossicking areas

1 Big Bessie fossicking area.

2 Graves Hill fossicking area.

3 Middle Ridge fossicking area. Page 26 Current as at 1 July 2017 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Schedule 7 Schedule 7 Dictionary section 2 agistment approval see section 25(1)(b). camping fee envelope means a part of a camping form for use for the payment of camping fees. camping form see section 8(4). carrying capacity, of the miners common, means 400 head of stock. controller, of the miners common, see section 23. corresponding law means a law of another State that corresponds to the Transport Operations (Road Use Management Act) 1995. miners common see section 22. plan means a survey plan held by the department. Note— A copy of each plan may be inspected, free of charge, during office hours on business days at the department’s office at level 2, 41 George Street, Brisbane. prescribed fee means the fee prescribed under schedule 1. self-registration camping area means regulated camping land that is the subject of a self-registration camping notice. self-registration camping notice see section 8(1). self-registration form see section 8(5)(b). stock means camels, cattle and horses over 9 months old but does not include stallions. varied carrying capacity see section 30(1). Current as at 1 July 2017 Page 27 Authorised by the Parliamentary Counsel Fossicking Regulation 2009 Endnotes

1 Index to endnotes 2 Key 3 Table of reprints 4 List of legislation 5 List of annotations

2 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act (prev) = previously 1954 amd = amended proc = proclamation amd = amendment prov = provision t ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renu = renumbered m ins = inserted rep = repealed lap = lapsed (retro = retrospectively ) notf = notified rv = revised version d num = numbered s = section Page 28 Current as at 1 July 2017 Fossicking Regulation 2009 Endnotes Key Explanation Key Explanation o in = order in council sch = schedule c om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2012 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnu = unnumbered m prev = previous

3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint Amendments Effective Notes No. included 1 none 21 August 2009 1A 2010 SL No. 116 1 July 2010 Current as at 1 July 2017 Page 29 Fossicking Regulation 2009 Endnotes Reprint Amendments Effective Notes No. included 1B 2011 SL No. 94 1 July 2011 1C 2012 SL No. 105 23 July 2012 Amendments Current as at Notes included

31 March 2013 2013 SL No. 37

1 July 2013 2013 SL No. 84

1 July 2014 2014 SL No. 78

1 July 2015 2015 SL No. 39

1 July 2016 2016 SL No. 59

1 July 2017 2017 SL No. 71 RA s 35

4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Fossicking Regulation 2009 SL No. 167 made by the Governor in Council on 20 August 2009 notfd gaz 21 August 2009 pp 1429–30 commenced on date of notification exp 1 September 2019 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Mines and Energy Legislation Amendment Regulation (No. 1) 2010 SL No. 116 ss 1– 2(1), ch 2 pt 4 notfd gaz 18 June 2010 pp 529–35 ss 1–2 commenced on date of notification Page 30 Current as at 1 July 2017 Fossicking Regulation 2009 Endnotes remaining provisions commenced 1 July 2010 (see s 2(1)) Mines Legislation Amendment Regulation (No. 1) 2011 SL No. 94 ss 1–2(1), pt 4 notfd gaz 17 June 2011 pp 430–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2(1)) Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2012 SL No. 105 ss 1–2(1)(a), pt 7 notfd gaz 20 July 2012 pp 863–7 ss 1–2 commenced on date of notification remaining provisions commenced 23 July 2012 (see s 2(1)(a)) Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2013 SL No. 37 ss 1–2(1), pt 2 notfd gaz 28 March 2013 pp 450–1 ss 1–2 commenced on date of notification remaining provisions commenced 31 March 2013 immediately after the commencement of the Mining and Other Legislation Amendment Act 2013 No. 10, pt 4 (other than ss 22, 25 and 28) (see s 2(1)) Natural Resources and Mines Legislation Amendment Regulation (No. 2) 2013 SL No. 84 ss 1, 2(2), pt 7 notfd gaz 31 May 2013 pp 160–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 (see s 2(2)) Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2014 SL No. 78 ss 1, 2(2), pt 7 notfd <www.legislation.qld.gov.au> 30 May 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2014 (see s 2(2)) Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2015 SL No. 39 ss 1, 2(3), pt 7 notfd <www.legislation.qld.gov.au> 19 June 2015 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2015 (see s 2(3)) Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2016 SL No. 59 ss 1–2(1), pt 7 notfd <www.legislation.qld.gov.au> 27 May 2016 ss 1–2 commenced on date of notification pt 7 commenced 1 July 2016 (see s 2(1)) Natural Resources and Mines Legislation (Fees) Amendment Regulation 2017 SL No. 71 notfd <www.legislation.qld.gov.au> 26 May 2017 ss 1–2 commenced on date of notification pt 7 commenced 1 July 2017 (see s 2(1)) Current as at 1 July 2017 Page 31 Fossicking Regulation 2009 Endnotes

5 List of annotations Roads, tracks etc. s 17 amd 2013 SL No. 37 s 4 Display of advertisements s 20 amd 2013 SL No. 37 s 5 Other prohibited activities s 21 amd 2013 SL No. 37 s 6

SCHEDULE 1—FEES sub 2010 SL No. 116 s 15; 2011 SL No. 94 s 8; 2012 SL No. 105 s 14; 2013 SL No. 84 s 14; 2014 SL No. 78 s 14; 2015 SL No. 39 s 18; 2016 SL No. 59 s 18; 2017 SL No. 71 s 18

SCHEDULE 7—DICTIONARY def plan amd 2013 SL No. 37 s 7 © State of Queensland 2017 Page 32 Current as at 1 July 2017