Fossicking Act 1994 (Qld)

Fossicking Act 1994

An Act about recreational and tourist fossicking for minerals, gemstones and ornamental stones, and for related purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Fossicking Act 1994.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Definitions In this Act— authorised officer means— (a) an authorised officer under the Mineral Resources Act 1989; or (b) a person who is appointed as an authorised officer under section 72(1). camp includes— (a) pitch, place or erect a tent, caravan, hut or camping structure; and (b) place other camping equipment in position; and (c) stay overnight. commercial tour means a tour, involving fossicking, conducted as part of a business activity. commercial tour operator means a person who conducts, offers to conduct, agrees to conduct, or arranges for someone else to conduct, a commercial tour. designated fossicking land means land declared to be designated fossicking land. Note— Designated fossicking land declarations are made under section 42(1). educational organisation means— (a) a school, college or registered higher education provider; or (b) a museum; or (c) a department of government involved in supplying educational services. exploration permit see section 8(1). explosive has the meaning given by the Explosives Act 1999. forest entitlement area see section 8(2). fossick see section 5. fossicking area means land declared to be a fossicking area. Note— Fossicking area declarations are made under section 44(1). fossicking material means— (a) a gemstone; or (b) an ornamental stone; or (c) a mineral specimen; or (d) alluvial gold; or (e) a fossil (other than a fossil of a vertebrate animal); or (f) a substance prescribed by regulation to be fossicking material; but does not include a meteorite, tektite, or impact or ejected material associated with a meteorite impact structure. gemstone means a precious stone. general permission for fossicking or camping, means permission, given under section 28 to the chief executive, for anyone— (a) to fossick on land mentioned in the permission under a licence; or (b) to camp on land mentioned in the permission when fossicking on the land under a licence. government owned corporation see section 8(3). hand tool means— (a) a pick, shovel, hammer, sieve, shaker, or electronic detector; or (b) a tool declared by regulation to be a hand tool. issuing officer means a person who is appointed as an issuing officer under section 71(1). known fossil site means land of particular palaeontologic significance because of the presence of fossils on the land. lake see the Water Act 2000, schedule 4. land manager see section 54(2). licence means a fossickers licence. member see section 6. mineral see section 8(1). mineral development licence see section 8(1). mining claim see section 8(1). mining district see section 8(1). mining lease see section 8(1). obstruct includes hinder or resist and attempt to obstruct. occupied land see section 8(1). occupier of a place includes a person who reasonably appears to be the occupier, or in charge, of the place. owner see section 8(1). permit means a fossickers camping permit. person in control of a vehicle includes the vehicle's driver or the person who reasonably appears to be the vehicle's driver. place includes premises, but does not include a vehicle. premises includes— (a) a building or other structure; and (b) a part of a building or other structure; and (c) land where a building or other structure is situated. prohibited camping land means land declared to be prohibited camping land. Note— Regulated camping land declarations are made under section 66(1). prospect see section 8(1). prospecting permit see section 8(1). protected area means— (a) any of the following under the Nature Conservation Act 1992— (i) a national park (scientific); (ii) a national park; (iii) a national park (Aboriginal land); (iv) a national park (Torres Strait Islander land); (v) a national park (Cape York Peninsula Aboriginal land); (vi) a conservation park; (vii) a special wildlife reserve; or (b) an area of regional interest under the Regional Planning Interests Act 2014. public place means a place that the public is entitled to use, is open to the public, or is used by the public, whether or not on payment of money. registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth), section 5. registrar means the person responsible for keeping a register of interests in land. regulated camping land means land declared to be regulated camping land. Note— Regulated camping land declarations are made under section 66(1). reserve see section 8(1). sell includes— (a) sell by wholesale, retail or auction; and (b) supply in trade or commerce under an arrangement; and (c) agree, attempt or offer to sell; and (d) keep or expose for sale; and (e) cause or permit to be sold. State forest see section 8(2). timber reserve see section 8(2). watercourse see section 7. weapon see section 8(4).