Although I haven't found the actual legislation from it's original source, in last years Gem and Treasure magazine (March and April) there was a write up over the 2 months, covering all states fossicking rules. The article stats on page 48 and is titled "Australia's fossicking rules and regulations" There was no author recorded on either article. On page 52 of the March edition, under the heading "Titleholders consent", the second paragraph starts out by saying, quote "Note that when fossicking, you cannot:
*use explosives, power-operated or any other equipment but hand held (not power driven) implement;" end quote.
From a layman's point of view, if it has accurately been downloaded from the correct source, then it would seem to imply, that it would be referring to the implement doing the actual digging. It never hurts to consult with legal aid though, as laws, that seem to imply one thing, can actually mean something else.
I found this out the easy way about 18 months back, when I consulted with them on another detecting matter. It cost me nothing and saved a heap of grief. On that occasion; I found the NSW legislation on the enclosed lands act.C4. It specifically referred to access to public schools after school hours. It stated that you cannot enter grounds that have a secure fence around it, however, if there was an opening or unlocked gate, then this would render the the site, not enclosed. Thinking that it could mean that a lot of good hunting spots were just begging to be detected, I consulted with a legal aid solicitor about the matter to be told by her, that that's not how she read it. She was kind enough to post onto me, several cases were people had been prosecuted for trespass and that, technically speaking, if you parked your car in a shopping centre car park and had no intention to shop there, then you could, and some have, be prosecuted for trespass.(even though there are no fences around it!) She also added, that the car park scenario, was normally only used when the folks were causing trouble.
Getting back to the article on fossicking, it also went on to say that you cannot remove anymore than 50 grams of gold, in a 48 hour period except where nuggets of 10 grams or more were found. Yeah, good one fellas. You can read that one many different ways! I guess that we must have a lot of illiterate fossickers.
Mick Evans.