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Post by Andy on Mar 15, 2011 8:43:31 GMT 10
G'day all.
Following up on a PM sent to me by another member last Friday, & me making a couple of phone calls to the relative Govt Depts, we now have the definative answer to this nagging confusing issue. It's about time too, considering during the past, different members including myself, have been told different stories by different departments.
I just received a phone call from Kim Ricketts - "Tenements Registration Officer" of the Earth Resources Division - which is part of the Dept of Primary Industries (DPI) Victoria.
Here's what he told me.
All the rivers, creeks, streams etc ON the Exempted Rivers & Streams List CAN NOT LEGALLY be prospected in.
BUT
If the Parks Victoria Rangers (who are are the ones who are in control of the conservation of these areas) have NO concerns or objections about you prospecting in the exempted waterways in their jurisdiction, YOU CAN PROSPECT IN THEM.
All other rivers, creeks, streams etc that are NOT on the list ARE legally able to be prospected in.
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Post by hennes on Mar 15, 2011 8:55:43 GMT 10
Clear as mud Andy ,so it's up to the ranger . ( I like you ,I like you not, I like you ,I like you not ,I like .........) ;D . Anyway Andy ,well done. Hennes  |
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Post by Andy on Mar 15, 2011 9:02:17 GMT 10
Yes. If the list DID NOT exist, the situation would be the same as it is now. So I don't really know why they keep the list. 
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Post by wally on Mar 15, 2011 10:30:03 GMT 10
Andy Just as well I gave you the relevant contacts to amend your last miss informed post.
Wally
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Post by Andy on Mar 15, 2011 10:48:18 GMT 10
Yeah, thanks for that Wally. 
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Post by mallee00 on Mar 15, 2011 11:07:47 GMT 10
Great work Andy, but a word of warning, if you look at the list of waterways that are on the prohibited list you will see these have been proclaimed by an act of parliament and gazetted. A ranger does not have the power to overrule an act of parliament so if you take his word that you can prospect in a prohibited area you had better get his name and no of his vechile as a defence if you are reported by a greenie or someone who objects to what you are doing. Not trying to be arguementive but it could be an issue. mallee00
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Post by wally on Mar 15, 2011 11:40:48 GMT 10
OK lets bring in not on the list of Rivers and Streams which is a Heritage Area Mitta Mitta River Heritage Area
Mitta Mitta River Heritage Area Suggan Buggan and Berrima River Heritage Area
Ovens River Heritage Area Big River Heritage Area Thomson River Heritage Area
Howqua River Heritage Area Wimmera River Heritage Area
Goulburn River Heritage Area Genoa River Heritage Area
Bemm, Goolengook, Arte and Errinundra River Heritage Area Bemm, Goolengook,
Arte and Errinundra River Heritage Area
Snowy River Heritage Area Suggan Buggan and Berrima River Heritage Area
Upper Buchan River Heritage Area Upper Buchan River Heritage Area
Mitchell and Wonnangatta River Heritage Area Mitchell and Wonnangatta River
Heritage Area
Thomson River Heritage Area
Yarra River Heritage Area Yarra River Heritage Area
Lerderderg River Heritage Area Lerderderg River Heritage Area
Aire River Heritage Area Aire River Heritage Area
Glenelg River Heritage Area Glenelg River Heritage Area
Aberfeldy River Heritage Area
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Post by Andy on Mar 15, 2011 14:49:59 GMT 10
if you are reported by a greenie or someone who objects to what you are doing.
This is what happened. It was not me.
It was the year before last. A well known American born bloke who regularly highbanks this creek was highbanking along it when he was approached by another couple of young blokes proclaiming to be greenies. They raved on at him that he wasn't allowed to do that & told him they were going into town to report him. 1/2 hour later they were back with the Parks Vic ranger in tow.
They stayed back while the ranger went to talk to the sluicer. He looked over the blokes equipment, walked back to his 4x4, politely told the alleged greenies to p!$$ orf & went back into town to the office. The sluicer bloke still regularly sluices the creek & the two wannabe greenies have not been spotted along the creek since.
Just had a thought. I might start planning another trip after the Easter group trip to somewhere else I want to do. It's not on the list so I'll go for it.  |
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mungo
Claim Staker
Posts: 8
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Post by mungo on Mar 15, 2011 19:09:58 GMT 10
Thanks for your efforts Andy. Much appreciated. It appears that the situation has been clarified by the application of some common sense.
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Post by wally on Mar 15, 2011 21:26:00 GMT 10
13. Can the holder of a Miner’s Right prospect in Victorian River beds?
Yes, but there are exclusions (see List of exempted rivers and streams).
I might be missing something here but I cant see why there is confusion it reads exactly what it means exempted ( being excluded).
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