Hi there,
Just wondering what the laws are regarding extracting gold on your own property?
Can you search by hand (no machinery) as much as you want? Would selling that gold be taxable?
Or do you have to have a permit to take ANY gold from the land regardless of how you extract it (by hand or with machinery?)
If someone has a claim or permit over your land do you need to buy this permit off of them before you can extract any minerals from your own land?
I know the permit holder can’t do much without the land owners consent but how does it work for the owner if they want to extract the minerals and someone else already has a permit over their land?
Just wondering how the laws around this work if anyone can help?
Yep, you need a claim to take gold, even if you own the land. If someone already has a claim over your ground I don’t think there’s a lot you can do unless you come to an agreement with the claim holder.
Well ted technically Gav is correct…all minerals are owned by the crown,regardless if you own the land or not…practically I don’t think anyone is going to bust your Kahoonies if you do a little panning or stream sluicing in your creek…in most cases you wouldn’t even apply for an exploration permit unless you did a little research n testing…anything that includes machinery is a different story and you will require permits and possibly resource consents…if there is an existing permit on your land could be a good thing by simply asking the permit holder if you can do a deal…
Me personal opinion(not that of admin)…stuff em…dig a hole but don’t make a mess!!!..lol
Good advice all round. One clarification is if someone else holds a permit you must provide access for non-mechanical sampling i.e rockchips, hand auger etc. But the landowner has 100% rights to veto access to any activity that has an engine, pump etc.
Hey Mangrove - So quick question if your mining permit (tier 2) goes through private land is what your saying your access must be allowed for sampling (non- motorised) ?
Cheers
Hi pritch. I explored the crown minerals act for a situation i am helping out with. The law says for an exploration permit you must provide access for mininum impact activities i.e non motorised. The owner cannot stop them provided they ask in writi g at least 10 days prior. For more than minimum impact, the landowner can decline access lawfully with no legal comeback unless the EP is for petroleum. Not 100% what applies for mining permits. Will look into it and report back