Highbankers or sluices supplied water via a pump in Victoria

[Rowdy]

Can any one point me to the official and legal position of using a highbanker or sluice powered by a pump in Victoria. I know it's banned in NSW.
Rowdy

[Allan]

You are only permitted to use hand tools such as metal detectors, picks, shovels, sieves and pans.

You must not:
• use any equipment for excavation other than non-mechanical hand tools,
• use explosives,
• remove or damage any tree or shrub,
• disturb any Aboriginal places or objects, and
disturb any historic place, object or archaeological site/relic on the land.

The holder of a miner’s right must repair any damage to land arising out of the search for minerals as soon as possible and prior to leaving a search area.

Comments -

You are only permitted to use hand tools such as

This indicates they must me similar, ie hand held or operated?
I don’t think an electrical pump would be covered under this section, but I think, perhaps a hand operated pump may be OK? But I don’t think I would like to test it!


But they do go on and say - You must not:
• use any equipment for excavation other than non-mechanical hand tools.

An electric pump is not a non mechanical hand tool.
But you don’t use an electric pump to excavate (as mentioned in the section).

The ambiguity (above) above really leaves it wide open to interpretation.

I THINK I’DE LEAVE IT ALONE incase some ‘gung ho’ inspector decides to test it out in the Magistrates Court

[mushmouse]

I've had rangers stop by and check for my Miners Right whilst Highbanking and sluicing in Victoria. No problems with either equipment as was only using mechanical power to pump water to the equipment. Basically any excavation/removal of soil/sand/gravels from ground,creek or crevices must be obtained by hand tools / man power only.

[nugget893]

Under the Miners Right you were aloud to use water pumps to help you in the process of gravels that were obtained by using hand tools. This rule was a part of the Miners Right regulations. I have now spent the last 2 hrs going through the Mineral Resources and other sites to find that ruling. I would say it is NOT illegal to use a water pump for the purpose as stated above. But I think they just left that part of the ruling out to try and deter people using water pumps. But they do say, you can use a river sluice. As you know that uses water to help process your gravels. Using a Highbanker, you can process more gravel in a shorter amount of time than you can with a pan or sluice. I think this may be one of the main reason why they just left it out of the regulations to try and stop people from using Highbankers. I could not find anywhere were it said you can not use a water pump in the process of gravels. You can argue the point with the authorities by saying it is only for processing and not for extracting gravels. They do say though you can not use any mechanical devices to help in the aid of obtaining gravels. But it does not mention that you can not use water pumps (Mechanical Device) to help in the process of these gravels after they have been obtaining by hand. Ever though it is a mechanical device.
nugget893

[Allan]

I agree with you negget893. But, the only item that can be powered by electricity is the detector (definitely not used for panning, sluice or hi-banker), therefore not meant for 'wet' prospecting (hand tools only). Interpreting the words and their meaning, I would hate to be the prospector who was invited to challenge a Mag. Court decision because of some Inspector who is paid to do his job and also apply his own interpretation? I really think, anything powered by electricity is best kept away from the river. As an ex Vic Pol. I would have made such a challenge because it was my job to do so