Queensland Consolidated Acts

FOSSICKING ACT 1994

- As at 29 March 2019 
- Act 63 of 1994 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Meaning of club
   5.      Meaning of fossick
   6.      Meaning of member
   7.      Meaning of watercourse
   8.      Meaning of expressions used in this and other Acts

   PART 2 - LAND EXCLUDED FROM ACT’S APPLICATION

   9.      Act’s application to protected areas
   10.     Act’s application to State forests, timber reserves and forest entitlement areas
   11.     (Repealed)
   12.     Other land may be excluded from operation of Act
   13.     Act’s application to scientific organisations

   PART 3 - LICENCES

           Division 1 - Licences

   14.     Licences
   15.     Applications
   16.     How issuing officer may deal with applications for licence
   17.     License conditions must not be contravened
   18.     Licence not transferable
   19.     Term of licence
   20.     Replacement licences
   21.     Suspension and cancellation of licences—grounds
   22.     Suspension and cancellation of licences—procedures
   23.     Return of licence

           Division 2 - Licensees’ entitlements and duties

   24.     Meaning of licensee in division
   25.     Licence needed to fossick
   26.     Licensee’s right to enter unoccupied land to fossick
   27.     Licensee must get permission to fossick on occupied land etc.
   28.     General permissions
   29.     Licensee must comply with conditions of permission
   30.     Commercial tour operator sometimes needs other permissions
   31.     Other limits on commercial tour operator’s fossicker licence
   32.     Limits on club and educational organisation fossickers licence
   33.     Records of land mentioned in general permission to be kept

           Division 3 - General

   34.     When fossicking materials become licensee’s property
   35.     Payment of royalties to State
   36.     Sale or use of fossicking material in trade or commerce
   37.     Volume, weight or number of specimens may be restricted
   38.     Use of machinery etc. prohibited
   39.     Limits on digging
   40.     Discovery of minerals does not confer rights

   PART 4 - DESIGNATED FOSSICKING LAND AND FOSSICKING AREAS

           Division 1 - Designated fossicking land

   41.     Proposal for declaration of designated fossicking land
   42.     Declaration of designated fossicking land

           Division 2 - Fossicking areas

   43.     Proposal for declaration of fossicking area
   44.     Declaration of fossicking area

           Division 3 - General

   45.     Declaration does not normally affect person’s title to land
   46.     No fee payable
   47.     Restriction on alienation of unallocated State land
   48.     Some agreements run with land
   49.     When does agreement end?
   50.     Amendment of agreements
   51.     When agreement is not needed
   52.     Chief executive may erect signs and carry out works
   53.     Management plans
   54.     Minister may appoint manager
   55.     Trading and commercial activities on designated fossicking land or fossicking areas generally not allowed
   56.     Living on designated fossicking land and fossicking areas
   57.     Conduct on designated fossicking land and fossicking areas

   PART 5 - CAMPING

           Division 1 - Permits

   58.     Fossickers camping permits
   59.     Applications for fossickers camping permits
   60.     How issuing officer may deal with applications for permit
   61.     Permit conditions must not be contravened
   62.     Permit not transferable
   63.     Term of permit

           Division 2 - Camping

   64.     Division does not apply to some individuals
   65.     Prohibited camping land
   66.     Regulated camping land
   67.     Permit needed to camp on regulated camping land
   68.     Camping on non-regulated designated fossicking land and fossicking areas
   69.     Camping on other land
   70.     Breach of conditions of permission

   PART 6 - ADMINISTRATION AND ENFORCEMENT

           Division 1 - Administration

   71.     Chief executive may appoint issuing officers
   72.     Chief executive may appoint authorised officers
   73.     Limitation of authorised officer’s powers
   74.     Authorised officer’s conditions of appointment
   75.     Authorised officer’s identity card
   76.     Production or display of authorised officer’s identity card
   77.     Powers of authorised officer

           Division 2 - General powers of authorised officer

   78.     Dealing with person contravening Act
   79.     Safety of fossicking sites
   80.     Authorised officer may restrict activities
   81.     Production of licence or permit
   82.     Entry of place
   83.     Warrants
   84.     Warrants—applications made other than in person
   85.     Entry of vehicles
   86.     General powers in relation to places and vehicles
   87.     Power to seize evidence
   88.     Power to seize evidence after entering a vehicle
   89.     Procedure after thing seized
   90.     Power to require name and address
   91.     Power to seize weapons etc.

           Division 3 - Offences

   92.     Obstruction of authorised officer
   93.     Re-entering land after direction to leave
   94.     Proceedings for offences

           Division 4 - Proceedings

   95.     Forfeiture on conviction
   96.     Dealing with forfeited things
   97.     Disposal of abandoned property
   98.     Evidentiary provision

   PART 7 - APPEALS

   99.     Appeals to Land Court
   100.    Starting appeal
   101.    Stay of operation of decisions etc.
   102.    Hearing procedures
   103.    Powers of Land Court on appeal

   PART 8 - GENERAL

   104.    Records to be kept by registrar
   105.    Delegation
   106.    Protection against liability
   107.    Regulation-making power
   109.    (Repealed)
   111.    (Repealed)
   112.    (Repealed)
   113.    (Repealed)
   114.    (Repealed)
   115.    (Repealed)
   116.    (Repealed)
   117.    (Repealed)
   118.    (Repealed)

   PART 9 - REPEAL AND TRANSITIONAL PROVISIONS BEFORE MINING AND OTHER LEGISLATION AMENDMENT ACT 2013

   119.    References to Mining (Fossicking) Act 1985
   120.    Expiry

   PART 10 - TRANSITIONAL PROVISIONS FOR MINING AND OTHER LEGISLATION AMENDMENT ACT 2013

   121.    Definitions for pt 10
   122.    Continuing effect of general permissions
   123.    Continuing effect of permissions under s 56
   124.    Appeals