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Reasonable collecting laws
  
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Jordi Fabre
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PostPosted: Aug 22, 2013 01:16    Post subject: Reasonable collecting laws  

Recently Spain is considering new laws, something that has already occurred in many other countries. After a kind of "legal hole" forever, new rules about collecting/mining are to be implemented in Spain and, as usual, they make no sense, due to the minimal (0) relationship of the promoters of these new laws with reality.

Many different people interested in Spanish mineralogy are working now trying to improve these proposed laws and avoid the monumental errors that they currently contain, but we also need some help from outside countries. Could you please publish in this thread a summary or the laws that exist in your countries relating to field collecting of minerals?

The people who are working now in preparing different proposals to the Spanish politicians need to know how field collecting of minerals is controlled in other countries in order to prepare a compilation of these laws to show to our beloved politicians so they can see what other countries are doing in this field. Please download, publish or comment here the laws/regulations you have in your own countries concerning field collecting, mining or just picking up a rock during your walks. Every legal regulation related with Geology/Mineralogy/Paleontology would be extremely useful to us.

Thanks in advance to everybody who will spend some time to help us. Spanish mineralogy will be always grateful to these heroes! ;-)

Jordi
PS: If you want to know more about the discussions about this topic you can follow these links from the Spanish Forum and using the Google translator implemented in every page, follows more or less the contents:
¿Conservación del Patrimonio Natural?
Relación de nuevas especies o primeras citas en España - Sinergias
Una reflexión necesaria
Consideraciones sobre el Anteproyecto de Ley de Conservación de la Naturaleza

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Jordi Fabre
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PostPosted: Aug 22, 2013 04:02    Post subject: Re: Your assistance is needed to help Spain draft reasonable collecting laws  

gemlover wrote:

Here is a link to the US BLM website with the very restrictive regulations that are in existence here:

https://www.blm.gov/wo/st/en/prog/more/CRM/paleontology/paleontological_regulations.html

John


Thank you so much John!

Jordi
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Riccardo Modanesi




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PostPosted: Aug 22, 2013 04:18    Post subject: Re: Your assistance is needed to help Spain draft reasonable collecting laws  

Hi Jordi!
In Mindat there is a very interesting article whose title is: "Defending The Freedom Of Collectors". In that article I wrote down a comment about the Italian situation. For instance, in the Aosta Valley it is forbidden to search minerals, especially with tools, while in Trentino Alto Adige (Sùdtirol) you need a permission card by the Province Trento or Bolzano (depending on where you are going to look for minerals). In Lombardy you can look for minerals, theoretically without using motorized hammers or explosives. The Elba Island is a National Park nowadays, therefore special permissions are required for searching minerals.
I hope I answered to your question. Greetings from Italy by Riccardo.

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Hi! I'm a collector of minerals since 1973 and a gemmologist. On Summer I always visit mines and quarries all over Europe looking for minerals! Ok, there is time to tell you much much more! Greetings from Italy by Riccardo.
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PostPosted: Aug 22, 2013 04:20    Post subject: Re: Your assistance is needed to help Spain draft reasonable collecting laws  

Hello Jordi :

Here is the link of the English version of Chamonix Code of honor for crystal-hunters:
https://www.mineralogie-chamonix.org/?op=html&page=93

Regarding the French law itself, a short version is available on mineral-hub (in French):
https://www.mineral-hub.net/loi-reglementation-mineraux-fossiles.html.
To note I read somewhere the law was currently under revision.

And on Geoforum (in French):
https://www.geoforum.fr/topic/5817-demande-dautorisation-pour-la-collecte-de-mineraux-dans-quels-cas-est-elle-obligatoires/
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Hope it helps

Christophe
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chris
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PostPosted: Aug 22, 2013 04:27    Post subject: Re: Your assistance is needed to help Spain draft reasonable collecting laws  

While looking. In Switzerland :

Vaudoise society of Mineralogy code of honor (in French). This is a copy from the Swiss association of crystal-hunters & collectors statement:
https://www.svm.ch/website/code_dhonneur.html
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Hope it helps

Chris
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Jordi Fabre
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PostPosted: Sep 05, 2013 14:16    Post subject: Re: Your assistance is needed to help Spain draft reasonable collecting laws  

Thank you to everybody!

We still need info about UK and Australian regulations, some chance from our English and Australian FMFers?
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Martin Rich




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PostPosted: Sep 06, 2013 20:11    Post subject: Re: Your assistance is needed to help Spain draft reasonable collecting laws  

Hello everybody!

My comment to this spanish situation: strange!

E.g. in the national park of the Hohe Tauern in Salzburg, Carinthia and East Tyrol (this is the most significant national park in Austria relative to collecting minerals) is in the outer zone allowed to collect minerals only with hammer and chilsel. In the central zone it is not allowed to collect minerals with tools, only pic up minerals with hands is allowed. In this zone about 100 people are permitted to collect minerals with hand tools. These people are a part of a scientific program. They have to notify every find and the best and most interesting specimens have to deliver for universities and museums (e.g. center of the national park, mineral museum in Bramberg, NHM Vienna, etc.). Law for the national park Hohe Tauern (in german, maybe Google translator is useful):
https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LrSbg&Gesetzesnummer=10000434
(link normalized by FMF)

[Note: For all aficionados of minerals out there, if you want to visit these museums, don't forget your Hasselblad camera and take care and take an Oxygene bottle with you. ;)]

These explanations above are only for the national park Hohe Tauern!

We have here in Austria thousands of mineral localities (I am a co-author of the new mineralogy of Lower Austria (19,000 square km) and we have listed more of 2000 localities in this region!). Farm land, forests, quarries and also old mine dumps are private by 100%. If you want to collecting minerals, you have to ask the land owner for a permission. In the most cases, you get a permission, only in some quarries and active mines you don't get this, because it is a question of your security. In special prodected landscapes, there in not allowed for collecting minerals.

The well known austrian mineralogyst Dr. GERHARD NIEDERMAYR, NHM Vienna, postulated such: "Minerals are national heritage and we can prodect this things only by collecting and scientific investigation and making public.... Mineral collectors and mineralogical professionals are working hand in hand...." I agree by 100%!

I hope this was some helpful
Martin

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PostPosted: Sep 06, 2013 20:30    Post subject: Re: Your assistance is needed to help Spain draft reasonable collecting laws  

I wanted to add a link about the law of the national park Hohe Tauern.
I think, I did some wrong. Some suggestions??

Martin

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Jordi Fabre
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PostPosted: Sep 07, 2013 04:27    Post subject: Re: Your assistance is needed to help Spain draft reasonable collecting laws  

Martin Rich wrote:
I wanted to add a link about the law of the national park Hohe Tauern.
I think, I did some wrong. Some suggestions??...

Thank you so much for your help with the "far of the reality" Spanish new projects of laws.

I already fixed your link in: https://www.mineral-forum.com/message-board/viewtopic.php?p=33855#33855
To publish links in FMF please use: Links within the message forum
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PostPosted: Sep 07, 2013 07:47    Post subject: Re: Your assistance is needed to help Spain draft reasonable collecting laws  

In the UK there are some restrictions.

For example the Hilton mines are in an army test area, so access is only allowed on certain days - but then it is not a problem

Caldbeck fells operates a licensing system, to stop excessive collecting.
https://www.lakedistrict.gov.uk/__data/assets/pdf_file/0019/171604/Application-for-a-permit-to-collect-minerals-Green-Zone.pdf

and there is a code of conduct with three zones:
https://www.lakedistrict.gov.uk/__data/assets/pdf_file/0016/171601/policy_and_code_of_conduct_nov_2007.pdf

We also have sites of special scientific interest (SSSI) that have additional protection
https://www.naturalengland.org.uk/ourwork/conservation/geodiversity/threats/collecting.aspx

I hope that helps

James
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Martin Rich




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PostPosted: Sep 07, 2013 20:03    Post subject: Re: Your assistance is needed to help Spain draft reasonable collecting laws  

Jordi, thank you for the help!

Ah yes, we have also some military test areas and there is also on some days an access possible.

I forgot one thing. In the state of Carinthia it is the same problem like in Spain. The government of Carinthia legislated a law, that says, collecting minerals is not allowed! This was affected by some (unworldly ?) NGOs. To collect minerals on the area of Carinthia is only allowed for scientific purpose. OK, invest 20 € and get a membership of the "Wissenschaftlicher Verein für Kärnten" ("Scientific Society of Carinthia") and you can looking for minerals on mine dumps, quarries, etc. In my opinion this is some crazy, but it works!

Martin

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PostPosted: May 19, 2014 10:35    Post subject: Iceland: Regulations for collection  

Hey all. I had heard some comments a while back expressing uncertainty over whether people can any more collect minerals on public lands in Iceland, so I figured I'd do some digging.

In publicly available information, it stated that it's banned to take anything from protected regions (including the famous zeolite deposits near Búlandsá/Teigar in Berufjörður and the Iceland Spar mine a couple fjörds away). It's also always prohibited to damage or take cave formations, regardless of ownership and permission. Beyond that, the information simply said to ask the owner. But what about lands in ownership of the state? Hiking areas? What sort of quantities are regulated? The information didn't say.

I turned to the Environment Agency of Iceland. At first they just responded about cave formations which I already knew. The person there didn't know the answer in general, and so had to turn to a lawyer. So this response is from a lawyer picked by the environmental agency! :) My translation below.

Quote:
It's not simple when asked about in a general context rather than a specific instance, because of course the location, quantity, type, etc matter.

First, it's prohibited to take minerals which are specifically protected, like you've pointed out (stalagtites/stalagmites).

Secondly one must consider the details which are considered in article 37 (craters, lava, etc) which prohibit tampering with and damaging natural formations when minerals are taken.

Thirdly the location matters. In general it's prohibited to take minerals which are in protected areas. Really, there's no place in Iceland which isn't in private ownership (private lands) or under someone's supervision (national lands). Private lands can be in ownership of an individual, company, another group, public ownership of a town/county or the state. The state deals with the subject of national lands. The general rule is that you need permission from the landowner or whoever it is who is in charge of supervising the land in order to take rocks and minerals. Also it can be required to have mining permission if one is discussing large-scale operations. Whereas the question deals with public outdoor/hiking areas which are not protected nor on private lands then it should be observed that such regions actually no longer exist in Iceland. All regions are under someone's supervision. The general concept (land which no party has claim to) does not exist after the law was passed about national lands where the state has supervision.

However the question is undoubtably asked in regards to wanting to know whether a traveller can put a rock in his pocket which he finds loose and wants to take with him. It can't be said that it's possible to follow the strongest interpretation of the abovementioned regulations if we're talking about such a situation. The general rule nonetheless doens't imply permission to take minerals. If we're talking about a mineral which isn't specially protected, is loose and wouldn't damage the landscape to remove, and is of a quantity that a person can hold in their hand and isn't in a commercial activity, then there's no real repercussions to such mineral collection.

If one is discussing mineral collection in greater quantity and/or in a commercial context then the main regulations apply concerning ownership and the need to seek permission of the landowner or whoever has supervision of the site. If one is talking about a protected area then they have to seek permission of the Environmental Association which is required to evaluate the content of the protected area in each occasion.


So that's that from the horse's mouth! I found it particularly interesting that even in protected areas it's possible to get permission to take minerals, but you have to apply for special permission to do so and it gets evaluated on a case-by-case basis. Outside of protected areas, it's always best to seek permission, and technically always required, but pretty much unenforceable if you're just taking a couple of rocks here and there and not damaging the landscape. And unless you get permission, it has to be on a noncommercial basis.

There's only one additional thing I didn't ask about (because it doesn't affect me! :) ) - taking stones out of the country. So if any of you do any collecting up here, you might want to check up on that.

Anyway, I just thought this might make a useful contribution to the forum. :)
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Jordi Fabre
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PostPosted: May 19, 2014 11:06    Post subject: Re: Iceland: Regulations for collection  

Rei wrote:
...Anyway, I just thought this might make a useful contribution to the forum. :)

Absolutely Rei, very useful, thanks!.

So useful that I added your post to this previous thread: "Reasonable collecting laws" in order to keep together all the info related with this topic.
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PostPosted: May 19, 2014 13:05    Post subject: Re: Reasonable collecting laws  

Another thing to keep in mind in Iceland: Many Icelanders (perhaps even a majority?) believe that invisible live spirits live under many big rocks. They won't like to see you giving their friendly spirits a headache by hammering on the rocks. Picking up small loose rocks should be OK.

I guess if some farmer refuses you permission for collecting on his land, that this might be what he's worried about --- Nasty collectors disturbing the spirits.
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PostPosted: May 19, 2014 13:49    Post subject: Re: Reasonable collecting laws  

alfredo wrote:
Another thing to keep in mind in Iceland: Many Icelanders (perhaps even a majority?) believe that invisible live spirits live under many big rocks. They won't like to see you giving their friendly spirits a headache by hammering on the rocks. Picking up small loose rocks should be OK.

I guess if some farmer refuses you permission for collecting on his land, that this might be what he's worried about --- Nasty collectors disturbing the spirits.


Perhaps these spirits are trapped under the rocks and need to be freed! If one can persuade the Icelanders that this is the case, they might consent to the breaking of rocks. :-) :-)

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Rei




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PostPosted: May 19, 2014 17:09    Post subject: Re: Reasonable collecting laws  

Æji... not the elves stuff! ;)

Rates of belief in elves here are about as common, and about as seriously taken, as belief in ghosts is in America. So yeah, there's a small number of people certain they exist, a much larger percent willing to consider their existence, then a majority that shakes their head in disappointment when they hear that a friend or family member is certain that they're real ;)

As for the traditional beliefs, they're rather similar to the Japanese belief in Kami - that there's places in nature, often those that look out of place or inspire a sense of awe, that can can be inhabited by otherworldly entities - in Japan, Kami; in Iceland, álfar. Often they're large boulders, and if one that's traditionally held to be an elf home is in the way of construction or something, sometimes they'll give the elf believers a chance to convince the elves to move so that the people will stop complaining ;)

But yeah, I've never heard of the elves messing with people over little rocks ;)
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Juan F. Buelga




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PostPosted: Aug 11, 2014 01:46    Post subject: Re: Reasonable collecting laws  

In this link you will find information about how the government of Western Australia regulate mineral collecting.

https://www.dmp.wa.gov.au/documents/132297_Prospecting_in_WA.pdf
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