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Since August 1992 when the Mining Act 1992 commenced, fossicking licences have not been required for fossicking in New South Wales. Under the terms of this Act, fossicking may now be carried out anywhere in the state providing the following conditions are met: •No other Act or law applies which would prevent it; •The landholder's consent is obtained; •The consent of any public or local authority having the management, control or trusteeship of the land is obtained; and •The titleholder's consent is also obtained, where the location is covered by a current title under the Mining Act 1992 Legislation.
(This title may be an exploration licence, assessment lease, mining lease, mineral claim or Opal Prospecting Licence).