Overview

This document briefly outlines the offences that may apply to a fossicker, landowner/occupier of the land (landowner) or a mineral title holder (title holder), should any party fail to observe the relevant requirements under the legislation.

To avoid any potential issues, and to ensure that the fossicking experience is enjoyed by all parties, it is recommended that these requirements are fully understood, before entering land to commence fossicking activities.

If further assistance if required please contact Titles Division on (08) 8999 5322.

Offences relating to entry onto relevant land requiring notice

(Regulation 106)

A person commits an offence if they:

• have entered pastoral land or the area of an exploration licence to fossick and have not given a fossicking notice to the landowner and/or title holder; or
• have given a fossicking notice, but enter the land earlier than the date specified or as agreed by the landowner and/or title holder.

Offences relating to entry onto land or remaining on land requiring consent

(Regulation 107)

A person commits an offence if they:

• have entered land requiring consent to fossick and the specified person for the land has given the fossicker a notice of refusal or has not responded to the person's fossicking request, unless the land is:
• in a park or reserve; or
• private land or pastoral land and the fossicking request was given to the landowner and the landowner has not responded to the request; and the person has then entered the land as authorised by section 168 of the Act; or.
• have entered relevant land to fossick and the specified person for the land has given a notice of refusal after the person's entry is authorised by section 168 of the Act; or a notice withdrawing consent to the person's fossicking request; and the person does not leave the relevant land without delay; or
• have been given a notice by the specified person for relevant land consenting to the person's fossicking request; and enters the land earlier than the date specified or as agreed with the specified person.

Documents required to be in a person’s possession

(Regulation 108)

A person commits an offence if they do not have in their possession the documents outlined in the Information Bulletin ‘Fossicking – Rights and Obligations’ and fails to show them upon request.

General offences

No extraction of more than prescribed amount 

(Regulation 109)

The prescribed amount of a mineral which a fossicker may extract is:

• 100 gm gold including nuggets
• 1 kg gemstones
• 20 kg of a mineral other than gold or gemstones
• 100 kg of a mineral bearing material
• 100 kg of ornamental stones

It is an offence to extract more than these amounts of rock, mineral or crystal.

Activities must relate to fossicking

(Regulation 111)

A fossicker must not engage in any activity that is not related to fossicking.

No interference with infrastructure

(Regulation 112)

A fossicker must not interfere with infrastructure or animals owned or under the control of the landowner.

No interference with lawful fossicking

(Regulation 113)

A person commits an offence if they prevent another person who is authorised under the Act to enter land and fossick on the land.