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9/9/2017 Issue 40 Special Interest Articles: Goldfields First Open Letter Native title submission over Kalgoorlie area. Drones and Casa Regulations "Two Men on Illegal Mining Charges" By Josh Chlat. Produced with permission of © WEST AUSTRALIAN NEWSPAPERS LIMITED. "Kalgoorlie Boulder’s Gold Stealing Detection Unit has signalled a crackdown on illegal mining in WA after charging two prospectors with mining without authority in the northern Goldfields. WA Police allege a 66-year-old man from New South Wales and a 68 year old man from Tasmania entered an active exploration lease near Leonora held by a mining company on several occasions between July 3 and July 9 without a permit, extracting a quantity of gold. Inquiries by the GSDU and the Kalgoorlie branch of the Department of Mines, Industry Regulation and Safety led to ILLEGAL PROSPECTING APLA AGM.. LEONORA 16 TH ,17 TH SEPT This years the APLA AGM will again be held at Leonora. The main meeting is at the recreation centre in the middle of town (next to Supermarket),. That evening (Saturday Night) a BBQ is at Gwalia House. Please note that tenements for Perth Branch members only will be organized by Greg Young. He would also appreciate your notice of intention to attend the AGM and also if the men being charged with mining with out authority under sl55 of the WA Mining Act (1978). The maximum penalty for the fine offence is a $150000. Police allege neither man held a permit granted under s40e of the Mining Act, required to prospect on an exploration lease. Detective Senior Constable Gavin Farley of the GSDU said the unit would step up its efforts against illegal mining activity. GSDU and DMIRS are increasing collaboration to target offenders" he said. “It’s a reminder to act responsibly when prospecting." The men will appear in Leonora Magistrate’s Court on August 1." Continued page 8 you will be staying on in Leonora after the AGM to prospect, by emailing Greg at [email protected]. Bennie Mazza will be giving a guided tour of the Gwalia town site on Sunday from 9.30am. Meet at park opposite Gwalia hotel. Inside: Illegal prospecting Safety in the bush Perth camp.. Mertondale APLA AGM Leonora 16 th Sept
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Page 1: ILLEGAL PROSPECTING - mantismail.com.au Zip Files... · at gregory.you30472@gmail.com. guided tour of the Gwalia town site on Sunday from 9.30am. Meet at park opposite Gwalia hotel.

9/9/2017 Issue 40

Special Interest Articles:

• Goldfields First

Open Letter • Native title

submission over Kalgoorlie area.

• Drones and

Casa Regulations

"Two Men on Illegal Mining Charges" By Josh Chlat. Produced with

permission of © WEST AUSTRALIAN NEWSPAPERS LIMITED.

"Kalgoorlie Boulder’s Gold Stealing Detection Unit has signalled a crackdown on illegal mining in WA after charging two prospectors with mining without authority in the northern Goldfields. WA Police allege a 66-year-old man from New South Wales and a 68 year old man from Tasmania entered an active exploration lease near Leonora held by a mining company on several occasions between July 3 and July 9 without a permit, extracting a quantity of gold. Inquiries by the GSDU and the Kalgoorlie branch of the Department of Mines,

Industry Regulation and Safety led to

ILLEGAL PROSPECTING

APLA AGM.. LEONORA 16TH,17TH SEPT

This years the APLA AGM will again be held at Leonora.

The main meeting is at the recreation centre in the middle of town (next to Supermarket),.

That evening (Saturday Night) a BBQ is at Gwalia House.

Please note that tenements for Perth Branch members only will be organized by Greg Young. He would also appreciate your notice

of intention to attend the AGM and also if

the men being charged with mining without authority under sl55 of the WA Mining Act (1978). The maximum penalty for the fine offence is a $150000. Police allege neither man held a permit granted under s40e of the Mining Act, required to prospect on an exploration lease. Detective Senior Constable Gavin Farley of the GSDU said the unit would step up its efforts against illegal mining activity. “ GSDU and DMIRS are increasing collaboration to target offenders" he said. “It’s a reminder to act responsibly when prospecting." The men will appear in Leonora Magistrate’s Court on August 1."

Continued page 8

you will be staying on in Leonora after the AGM to prospect, by emailing Greg at [email protected].

Bennie Mazza will be giving a guided tour of the Gwalia town site on Sunday from 9.30am.

Meet at park opposite Gwalia hotel.

Inside: Illegal prospecting Safety in the bush Perth camp.. Mertondale APLA AGM Leonora 16

th Sept

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THE DATUM POST Page 2 of 30

THE PRESIDENTS DESK

The illegals lose out – big time!

We all know that illegal mining is a fact of life in the detecting game. APLA members would also be aware of our

policy on it and the threat it creates to our activities. But after being in court to witness a recent case in Leonora we

don’t know whether to laugh or cry! Our court observers were there to hear the end of the story but we don’t really

know the start of it. But it must have gone something like this.

Two Eastern State’s prospectors reckoned “we can go where we like and we don’t care”. So off they went and they

did find a brand new patch on an Exploration Licence east of Leonora. This was big gold in a new area and

promised to be much bigger with a capital “B”. That last bit has turned out to be the situation. They appear to have

gone in & out of the spot several times but they were unaware they were being tracked and watched by two locals,

one of whom was a pastoral leaseholder, the other being a well-known local identity.

After a couple of days, they were caught red-handed and a successful prosecution case was the result. However,

many APLA members have since written to APLA saying the penalty was too lenient. Not much APLA can do

about that as that’s up to the magistrate at the time. APLA has made a case that future cases be dealt with more

severely and will never accept the magistrate’s “spent conviction” decision in such cases. It remains to be seen if

anything changes. After all, this is theft and no different to house burglary, car theft or a street mugging. Peoples

livelihoods are at stake here and there’s no excuse for a prospector robbing a fellow prospector. Claim jumping has

always been frowned on across the world since this game began centuries ago while gold stealing is a dead set

taboo. That’s the “crying” part over!

The “laughing” part is that these two have lost out on some big nuggets and not just the alleged five ounce and nine

ounce pieces that were confiscated by the Gold Stealing Detection Unit (GSDU). This patch was theirs for the

taking. It could have then been followed up by a Special Prospecting Licence (SPL) on what was a very large

Exploration Licence (EL). Even if the SPL was application had been subsequently refused they could have had the

cream off the top before the company stepped in. However, there was only one tiny problem – they didn’t have a

Sect 40e permit to be on that EL. Oh dear, the irony of this isn’t lost on us here. For the sake of $25.00 these guys

could have had it all. But they reckoned they knew better, ignoring our laws, trampling on WA’s rules and

conventions and ruining relationships in the bush.

Instead, the pastoralist and his mate have now done a deal with the mining company to bulldoze the spot and they

are raking in the nuggets and big nuggets they are too!. What’s more, because the patch was discovered by illegal

means, several graticular blocks on the EL have been quarantined by the Mines Dept (DMIRS) denying any further

Sect 40e permits to any of us out here. Shot themselves in the foot? Gave the locals an “X marks the spot? Shot us

all in the back? All of the above are true logical outcomes.

The reality some prospectors don’t seem to understand is that West Australian goldfields town are local villages.

They are close knit communities and talk amongst each other daily chatting about the usual things. “Out of town

blow-ins” are a major topic during the prospecting season. One prospector from The East has been heard to say the

that the local pastoral leaseholder stitched them up so he could get the patch to himself. Well, “HELLO!!”. What

did he think was going to happen! The inhabitants of goldfields towns and the outlying pastoralists are also often

prospecting for gold and they often prospect together. So, whose toes are we treading on when we think when we

can just walk in and do what we like, when we like? There are some big toes out there, much bigger than ours. As

they say when local loyalties arise – “Blood is thicker than water”.

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THE DATUM POST Page 3 of 30

THE PRESIDENTS DESK… continued

We are all visitors to these places and there are laws and rules. Some rules are written but some are unwritten

conventions. These latter ‘rules’ as just as important as the written ones. We cannot simply drive into town, make

camp and then trample over the rights and the laws of others that live and earn their living there. It can certainly be

argued that there are so many casual prospectors out there that there are too many to catch all of them. Despite that,

because of the actions described above, some of them will certainly be caught because their illegal actions serve to

put the spotlight on the problem. As such, the locals up the ante and stay alert, watching, waiting, often actively

searching for transgressors. Add to that mix we also see the authorities then placing more resources toward

policing it.

All this trouble created between parties, all this loss, all this conflict, a criminal record, loss of a very nice patch

and a handsome reward for effort was all lost for the cost of only $12.50 each from each of these prospectors. What

a sad state of affairs.

Footnote – There is soon to be another similar case in Leonora, this time the gold was allegedly removed from the

tenement of an APLA member.

Footnote – Sect 40e permits were an APLA initiative brought about many years ago by your hardworking

Executives over two hard years of negotiations with the Mines Dept (DMIRS).

APLA President Les Lowe

Advert

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THE DATUM POST Page 4 of 30

Safety and the Prospector Survival Plan by By Fred Roberts

Folks, This is the final Safety and the Prospector article, but arguably the most important as it seeks promote ‘survival introspection’ – that is, looking inwardly to assess your level of preparation should you experience a survival situation. However, and noting prevention is better than cure, let’s look at a Greg Eller post regarding winch recovery to understand one way how prevention might be achieved.

“How many members have set up their 4X4 vehicle with a recovery winch and of those, how many have tested or tried out their winch in real life situations? If you are a prospector who heads out alone from time to time (and I am one of those who will venture out for a few weeks alone if my prospecting partner is otherwise committed) the need to be thoroughly familiar with the operation of our vehicle equipment and to understand vehicle recovery techniques is of the utmost importance. After fitting my recovery winch, the first thing I did was to operate the unit several times pulling the vehicle up an incline to test the unit out. I went further still when I went out with my newly set-up prospecting vehicle by locating an old dried creek bed and driving into it to simulate a bogged situation that required the winch for recovery. The winch was connected to a suitable anchor point being the base of a small tree and the vehicle pulled out of the creek bed and back onto firm ground. Note that I used a rated SWL sling and shackle to secure the winch wire around the tree. I then selected a flat area, ran my winch rope out to inspect it then hooked it up to a suitable tree to feed the rope back onto the winch under tension and in full layers such that it would not bird cage when next used. These are exercises I would recommend for all 4X4 uses, as it is rather pointless having recovery and survival equipment if unfamiliar with the operation and the capability of the item.”

Greg might also have written that in all prospecting activities, he conducts a Risk Assessment to ensure likely deleterious situations are covered. Whilst there are many sophisticated risk assessment tools available, the simple system promoted by Work Safe W.A. is known by the following acronym: Spot the Hazard Assess the Risk Make the changes This is more than adequate for our detecting purposes.

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Survival Plan..continued

So, let’s look at two examples utilising SAM to determine how we would be best prepared to manage being lost (nb – lost if you are ex-navy; temporarily misplaced if ex-army).

Serial Hazard Risk Management

1 No Communication Unable to advise prospecting partners of situation. Delayed search party assistance

Stay in the one location.

Carry matches and or cigarette lighter to start smoky fire.

Carry signalling mirror for overhead aircraft or use from high ground to signal ground search party.

Establish an emergency distress signal.

Raise car bonnet if vehicle involved and do not move away from the sight of the vehicle.

2 Weather Hypothermia

Carry warm clothing/poncho.

Assess wind direction and select best location to lessen chill factor.

Gather sufficient wood for a fire.

Build a shelter.

Consider sleeping between two fires.

If more than one, cuddle up at night to trap body heat.

The above assessment is by no means complete – the more people involved in the process, the more thorough hazard management is likely to be. A thorough risk assessment will lend itself to the development of a thorough survival plan, and one of the more thoroughly prepared APLA members is John Plummer. The following is an extrapolation of what he has advised:

“It always worries me that many people do not carry water and basic gear in the event of a problem. They seem to argue that the car is always nearby but several hundred meters is a long way if in trouble. Over time I have increased my prospecting gear to almost overkill when heading out but what I carry I see as being appropriate for the time and distance I am from camp. Yes, it is extra weight but a pack takes care of most of the items listed below whilst the Minelab Eco harness handles the GPZ plus additional items without any hardship. Keeping fit helps as well.

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THE DATUM POST Page 6 of 30

Survival Plan..continued

ITEMS CARRIED

Food and water sufficient for 24 hours.

Basic first aid kit.

Toilet paper.

Matches

Knife

Operating GPS and spare plus spare batteries.

Compass.

Tengraph map.

Torch.

Hand held UHF radio set on agreed channel with prospecting group/partner.

Registered personal locating device, plus spare battery.

Sat phone.

Shelter”

A review of John’s posts invokes a common army saying based on the principle of seven P’s “Prior preparation and planning prevents piss-poor performance.” True enough, but an eighth P; “perhaps” might

well be added, for the vulgar but common phrase “shit happens” may well come to life to kick you in the butt! So, Folks, if “shit happens” and you find yourself lost and forced to stay overnight or beyond, how well prepared are you? What is your plan to survive until help arises? Firstly, you might consider the following from Tim Corcoran’s Wilderness and Survival Guide, when students were asked what they thought was the number one priority in a survival situation:

“As a wilderness survival guide, I have mentored many people in the art and science of wilderness survival. I love the answers beginners give to this question. "Water!" Nope. "Food!" No way. "Fire?" Nada. "Shelter!" Wrong again. "A good knife?" Definitely not. It begins with looking within. It is all about who you are being. Consider the psychology of survival. Sure, most people die from exposure to the elements, but what is happening inside those people that led to their death? In short, they freaked. They strayed away from a calm center. The #1 wilderness survival priority is maintaining a calm center. Keeping your head on your shoulders. Staying cool. Sustaining a positive mental attitude.”

So, before you act, follow the tenets of STOP: Sit down. Think. Observe your surroundings. Prepare for survival by gathering materials. Select a position that is going to afford the best protection against the elements, then start gathering materials that will best protect you from wind, rain, cold and dew (or heat if you have ventured out in the warmer months) – ensuring the selected site is not hidden from those who might be searching for you.

Branches, leaves and grass/spinifex laid over a fallen tree will create a lean to, whilst grass and leaves on the ground inside will help insulate you against rising damp and cold when trying to sleep. Do not, however, over-exert yourself by trying to build the perfect shelter.

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THE DATUM POST Page 7 of 30

Survival Plan..continued

It’s a big country out there there!

Gather firewood sufficient for three times the estimated overnight requirement and stack 50% in an accessible location that will help keep it dry. Build the fire in a location that will serve not only to keep you warm but also provide a signal by day (smoky fire) and illumination at night. Ensure, however, it has no chance of setting alight the surrounding area. Consider sleeping between two fires (as the aboriginals did) if no chance of rain, but note dew may also increase the likelihood of hypothermia. Use whatever else is available as a means to signal overhead aircraft. A heliograph signaling mirror is the most ideal but a distress signal may also be 3 groups of anything – three separate fires, 3 groups of rocks, 3 triangles scratched into the dirt, 3 whistle blasts with a one minute interval between each group of 3, three groups of branches or anything else that might serve the same purpose. Leaving your detector and associated equipment in an open place may also assist search parties to find you. Orientate yourself within the immediate surrounds; stay in the one area but without losing sight of your location, scout around to locate anything useful for survival purposes. Build a solar still if water is an issue – this is easily done and the required materials ought to be included with what you carry if detecting in the heat. You can Google how to build these, but be aware of the energy expelled in constructing a still. No time for modesty – if more than one in the group, hug tight as body-to-body contact is a proven method of preventing heat loss. So this article is certainly not a definitive survival guide, but if it leads to you ponder how you might fare in a survival situation, then it has achieved its aim. In signing off, I leave you with one of the 50 most stupid Donald Trump listed sayings from the Internet. However, for the life of me I cannot work out why it makes the list! Perhaps someone in the APLA family can enlighten me.

“The more you know, the more you realize how much you don’t know.” By Fred Roberts

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THE DATUM POST Page 8 of 30

ILLEGAL PROSPECTING.. Continued.from page 1.

This article appeared in the Kalgoorlie Miner.

It appears the Gold Police are far more conspicuous on the goldfields lately, putting all prospectors and detectorists on notice. You would expect a burglar who stole your car or jewelry from your home to be prosecuted. Taking gold without permission from leases is stealing, theft, call it what you like but it is illegal. Follow the rules and regulations such as obtaining sect40e’s , prospecting agreements with Mining Companies or pending leases, there is a lot of land open to detecting/ prospecting. With more and more people out on the goldfields and a greater awareness of illegal activity many detectorists are noting vehicle license plates and photos of vehicles. There is a good chance you will be caught!

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THE DATUM POST Page 9 of 30

NATIVE TITLE APPLICATION COVERING

KALGOORLIE AND SURROUNDING AREA

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THE DATUM POST Page 10 of 30

Native title application continued….

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THE DATUM POST Page 11 of 30

Native title application continued…. This brought on behalf of the descendants of Kitty Bluegum

Native title rights and interests claimed: Subject to laws and customs The native title rights and interests claimed in this application are subject to and exercisable in accordance with: I. the common law, the laws of the State of Western Australia and the Commonwealth of Australia; and 2. valid interests conferred under those laws; and 3. the body of traditional laws and customs of the Aboriginal society under which rights and interests are possessed and by which the native title claim group have a connection to the area of land and waters the subject of this application. Area A rights The native title rights and interests in relation to Area A comprise: (1) The right to possess, occupy, use and enjoy the area as against the world; (2) A right to occupy the area; (3) A right to use the area; (4) A right to enjoy the area; (5) A right to be present on or within the area; (6) A right to be present on or within the area in connection with the society's economic life; (7) A right to be present on or within the area in connection with the society's religious life; (8) A right to be present on or within the area in connection with the society's cultural life; (9) A right to hunt in the area; (10) A right to fish in the area; (11) A right to make decisions about the use of the area by members of the Aboriginal society to which the native title claim group belong; (12) A right to make decisions about the use of the area by persons who are not members of the Aboriginal society to which the native title claim group belong; (13) A right to make decisions about the enjoyment of the area by members of the Aboriginal society to which the native title claim group belong by persons who are members of the Aboriginal society to which the native title claim group belong; (14) A right to make decisions about the enjoyment of the area by members of the Aboriginal society to which the native title claim group belong by persons who are not members of the Aboriginal society to which the native title claim group belong; (15) A right of access to the area; (16) A right to live within the area; (17) A right to reside in the area; (18) A right to erect shelters upon or within the area; (19) A right to camp upon or within the area; (20) A right to move about the area; (21) A right to engage in cultural activities within the area;

The claim is brought on behalf of the descendants of Kitty Bluegum. National Native Title Tribunal Page 2 of 6

Extract from Schedule of Native Title Applications WAD186/2017 Extract Created: 08/08/2017 22:20 (WST) Further information: National Native Title Tribunal 1800 640 501

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Native title application continued….

(22) A right to conduct ceremonies within the area; (23) A right to participate in ceremonies within the area; (24) A right to hold meetings within the area; (25) A right to participate in meetings within the area, (26) A right to teach as to the physical attributes of the area; (27) A right to teach as to the significant attributes of the area; (28) A right to teach upon the area as to the significant attributes of the area; (29) A right to teach as to the significant attributes within the area of the Aboriginal society connected to the area in accordance with its laws and customs; (30) A right to control access of others to the area; (31) A right to control access of others to the area except such person as may be exercising a right accorded by the common law, statute law of the Commonwealth or the State of Western Australia or a lawful grant by the British sovereign or its successor; (32) A right to take resources, other than minerals, petroleum and gas used for sustenance from the area; (33) A right to take resources, other than minerals, petroleum and gas, used for sustenance within the area; (34) A right to gather resources, other than minerals, petroleum and gas, used for sustenance within the area; (35) A right to use and/or enjoy resources, other than minerals, petroleum and gas, for sustenance within the area; (36) A right to use and/or enjoy resources, other than minerals, petroleum and gas, for food, on, in, under or within the area; (37) A right to use and/or enjoy resources, other than minerals, petroleum and gas, for shelter, on, in or within the area; (38) A right to use and/or enjoy resources, other than minerals, petroleum and gas, for healing on, in or within the area; (39) A right to use and/or enjoy resources, other than minerals, petroleum and gas, for decoration on, in or within the area; (40) A right to use and/or enjoy resources, other than minerals, petroleum and gas, for social purposes on, in or within the area; (41) A right to use and/or enjoy resources, other than minerals, petroleum and gas, for cultural, religious, spiritual, ceremonial and/or ritual purposes on, in or within the area; (42) A right to take fauna; (43) A right to take flora (including timber); (44) A right to take soil; (45) A right to take sand; (46) A right to take stone and/or flint; (47) A right to take clay; (48) A right to take gravel; (49) A right to take ochre; (50) A right to take water; (51) A right to control the taking, use and enjoyment by others of the resources of the area, including for the said purposes (set out at sub-paragraphs (32) - ( 41) above) and/or in the said form (set out at sub-paragraphs (42) - National Native Title Tribunal Page 3 of 6 Extract from Schedule of Native Title Applications WAD186/2017 Extract Created: 08/08/2017 22:20 (WST) Further information:

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Native title application continued….

(50) above), other than minerals, petroleum and gas and any resource taken in exercise of a

statutory right or common law right, including the public right to fish; (52) A right to manufacture from and trade in the said resources of the area, upon or within the area, other than minerals, petroleum and gas including the manufacture of objects, materials or goods for sustenance, and/or food, shelter, healing, decoration, social, cultural, religious, spiritual, ceremonial and/or ritual purposes and/or including objects, materials or goods in the form of tools, weapons, clothing, shelter and/or decoration; (53) A right to receive a portion of the said resources (other than minerals, petroleum and gas) taken by other persons who are members of the Aboriginal society from the area; (54) A right to receive a portion of the said resources (other than minerals, petroleum and gas) taken by other persons other than those who are members of the Aboriginal society from the area; (55) A right, in relation to any activity occurring on the area, to: i. maintain; ii. conserve; and/or iii. protect significant places and objects located within the area, by preventing by all reasonable lawful means, any activity which may injure, desecrate, damage, destroy, alter or misuse any such place or object; (56) A right, in relation to any activity occurring on the area, to: i. maintain; ii. conserve; and/or iii. protect significant ceremonies, artworks, song cycles, narratives, beliefs or practices by preventing, by all reasonable lawful means any activity occurring on the area which may injure, desecrate, damage, destroy, alter or misuse any such ceremony, artwork, song cycle, narrative, belief or practice; (57) A right, in relation to a use of the area or an activity within the area, to: i. prevent any use or activity which is unauthorised in accordance with traditional laws and customs ii. prevent any use or activity which is inappropriate in accordance with traditional laws and customs in relation to significant places and objects within the area or ceremonies, artworks, song cycles, narratives, beliefs or practices carried out within the area by all reasonable lawful means, including by the native title holders providing all relevant persons by all reasonable means with information as to such uses and activities, provided that such persons are able to comply with the requirements of those traditional laws and customs while engaging in reasonable use of the area and are not thereby prevented from exercising any statutory or common law rights to which that person may be entitled; (58) A right to enjoy all the features, benefits and advantages inherent in the environment of the area; (59) A right of individual members of the native title holding group or groups to be identified and acknowledged, in accordance with the traditional laws adhered to and traditional customs observed by the group or groups, as the holders of native title rights in relation to the land and waters of the area; and (60) A right of the group or groups who hold common or group native title rights and interests to identify and acknowledge individual members of the native title holding group, in accordance with the traditional laws adhered to and traditional customs observed by the group or groups, as the holders of native title rights in relation to the land and waters of the area. Area B rights The native title rights and interests which are claimed in relation to Area B are all the rights claimed above in relation to Area A, except the right to possess, occupy, use and enjoy the area as against the world and the rights set out at paragraph (12), (14), (30), (31) and (51) of Schedule E. The rights held by the native title claim group in accordance with traditional laws acknowledged and traditional customs observed by them and held by them, in accordance with those laws and customs, subject to the rights and interests of others which are held in accordance with law and custom, comprise the following: (a) The right to speak for the area covered by the application; National Native Title Tribunal Page 4 of 6 Extract from Schedule of Native Title Applications WAD186/2017

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THE DATUM POST Page 14 of 30

Native title application continued….

b) The right to be asked permission to use the land and waters of the area covered by the application; (c) The right to make decisions about the use, enjoyment and management of the land and waters of the area covered by the application; (d) The right to live on the area covered by the application; (e) The right to hunt and gather and to take water and other resources (including ochre) on the area covered by the application; (f) The right to use and enjoy resources of the area covered by the application; (g) The right to control the access to and activities conducted by others on the land and waters of the area covered by the application; (h) The right to maintain and protect areas of cultural significance to the native tite land on the area covered by the application; and (i) The right to participate, engage in and conduct ceremonial activities and other cultural activities on the area covered by the application. Application Area: State/Territory: Western Australia Brief Location: Goldfields Region, Western Australia Primary RATSIB Area: Goldfields Approximate size: 25476.3673 sq km (Note: There may be areas within the external boundary of the application that are not claimed.) Does Area Include Sea: No Area covered by the claim (as detailed in the application): The external boundaries of the area of land and waters covered by the application are as set out in the map at Attachment 'C' and are set out in the document entitled "Description of External Boundary" which is annexed as Attachment 'B '. Areas of land and waters within those boundaries that are not covered by the application (1) Subject to (4), the Applicant excludes from the area of land and waters covered by the application any areas that are covered by any of the following acts as these are defined in either the Native Title Act 1993 (Cth), as amended (where the act in question is attributable to the Commonwealth), or Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA), as amended, (where the act in question is attributable to the State of Western Australia) at the time of the Registrar's consideration: (a) Category A past acts; (b) Category A intermediate period acts (c) Category B past acts that are wholly inconsistent with the continued existence, enjoyment or exercise of any native title rights or interests; (d) Category B intermediate period acts that are wholly inconsistent with the continued existence, enjoyment or exercise of any native title rights or interests. (2) Subject to (4), the Applicant excludes from the area of land and waters covered by the application any areas in relation to which: (a) a "previous exclusive possession act'', as defined in section 23B of the NTA, was done and the act was an act attributable to the Commonwealth, or (b) a "relevant act" as that term is defined in section 12I of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) was done and the act is attributable to State of Western Australia; or (c) a previous exclusive possession act under section 23B(7) of the NTA was done in relation to the area and the act was attributable to the State of Western Australia National Native Title Tribunal Page 5 of 6 Extract from Schedule of Native Title Applications WAD186/2017 Extract

(3) Subject to (4), the Applicant also excludes from the area of land and waters covered by the application areas in relation to which native title rights and interest have otherwise been wholly extinguished. (4) The area of land and waters covered by the application includes any area in relation to which the no extinguishment principle (as defined in section 238 of the Native Title Act 1993) applies, including any area to which sections 47, 47A and 47B of the NTA apply, which include such areas as may be listed in Schedule L. (5) Notwithstanding anything contained elsewhere in this application (including the attachments to it), the Applicant excludes from the area of land and waters covered by the application those areas of land and waters that were excluded from the area of land and waters included in the original applications WAG 76 of 1997 (WC 95/11), WAG 63 of 1998 (WC 94/3) and WC 98/20.

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THE DATUM POST Page 15 of 30

INDUSTRY NEWS

Open Letter to the DMP, Mines Minister and the State Government" expressing concern about current issues facing prospecting in this State . from Goldfields First Goldfields First…. a Kalgoorlie based lobby group of prospectors, small miners and leaseholders.

Advertising space is now available in THE DATUM POST.

Quarter or Half page. Excellent rates. Issues every 2 months.

Direct access to Leaseholders, Prospectors and Detectorists

For further information contact: Editor: Mob: 0498 353 232. Email: [email protected]

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THE DATUM POST Page 16 of 30

FUTURE LEASE APPLICATIONS UNDER GREATER SCRUNITY?

Do we need to be more careful with lease applications? The recent successful case brought to the High Court by Andrew Forrest that an application for a Mining Lease must be accompanied by the Mining Proposal or Mineralization Report at EXACTLY the same time is a warning to all applicants for all types of tenements including Prospecting and Exploration Licenses As is normal practice this judgement may well set a precedent for any and all types of applications made to DMIRS. It could well be the case that tenement applications could be objected in the Warden’s Court simply because one map, one DMIRS form or a proposal wasn’t lodged at precisely the same time and date as the actual application form. Put simply, an administration mistake may now cost your lease. Here’s the link:

https://www.mediastatements.wa.gov.au/Pages/McGowan/2017/09/McGowan-Government-examining-solutions-for-miners.aspx http://www.dmp.wa.gov.au/News/McGowan-Government-examining-22744.aspx APLA will keep a watch on developments because we can see this being used very well by professional plaintiffs.

EXTRACTS FROM THE KALGOORLIE MINER

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THE DATUM POST Page 17 of 30

INDUSTRY NEWS. continued

Scott Wilson is a former President of APLA

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THE DATUM POST Page 18 of 30

Extract from the recently held Diggers and Dealers in Kalgoorlie..

DEPARTMENT OF MINES AND INDUSTRY REGULATION AND SAFETY ROADSHOW

The Department of Mines, Industry Regulation and Safety's 13th annual Mines Safety Roadshow drives the importance of traffic management this October and November.

Starting in Kalgoorlie on 3 October, the roadshows then travel to Leonora, Newman, Cloudbreak, Tom Price, Karratha, Port Hedland, Bunbury, Mandurah and Geraldton, before finishing in Perth on 3 November.

The roadshows aim to raise awareness about mining-related safety and health issues, and includes the latest series of the Know your hazards safety videos.

Mines Safety Director and State Mining Engineer Andrew Chaplyn said traffic management would be an important focus for this year’s roadshow.

"There are a number of examples in Western Australia and around the world of serious incidents, injuries and fatalities involving vehicles on mine sites," Mr Chaplyn said.

"This is why this year we are concentrating on the importance of traffic management and how safe systems, safe vehicles and safe people can contribute to a safe mining operation."

The free event also includes an update from the regulator on what is happening in mine safety and health in Western Australia.

"The roadshow is an opportunity to network with other safety personnel and meet some of the department’s mines inspectors," Mr Chaplyn said.

"I encourage safety and health representatives, supervisors and others response for safety and health to attend."

For more information, including how to register, go to the events page or download the event flyer from the department's website.

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THE DATUM POST Page 19 of 30

DRONES Droning On: BY Kurk Brandstater

Information for Drone’s’ from the Casa Website.

As technology rapidly outpaces us more and more people are purchasing and using drones for recreation. (including a lot of prospectors). Now I am not an expert, and there are probably plenty of members who have drones and already know all the rules and regs but if you’re thinking about buying a drone then here’s some guidance from the Civil Aviation Authority who manage and keep our airspace safe for all users.

Flying drones/remotely piloted aircraft in Australia

Australia's safety laws for drones, or more technically correct, remotely piloted aircraft (RPA), as defined in the Civil Aviation Safety Regulations Part 101, vary whether you are flying commercially or recreationally/for fun.

When flying for money, or any form of economic gain, you need to have an RPA operator’s certificate (ReOC), or if you're flying an RPA weighing less than two kilograms, you will need to notify CASA

When flying for fun and not commercially, or for any form of economic gain, then the regulations are less restrictive and allow you to fly an RPA without needing to be certified, providing you follow some simple safety rules.

Holders of UAV operator’s certificate (UOC) can continue to operate as per their certificate and will only be issued a ReOC if the certificate is varied or renewed.

Flying drones in Australia

Learn about the rules for flying drones in Australia-in effect since 29 September 2016.

The full rules are contained in Part 101 of the Civil Aviation Safety Regulations and cover all recreational and commercial unmanned flight, including model aircraft, airships, balloons, rockets, kites, pyrotechnics and, of course, the ever-growing drone/remotely piloted aircraft sector.

What are the basic rules I need to know?

Australia’s safety laws for drones or remotely piloted aircraft (RPA) generally depend on whether the operator is flying commercially or recreationally.

If you are flying for any economic gain you need certification unless your RPA weighs less than two kilograms. Under these circumstances, you need to notify CASA and follow the standard operating conditions (SOCs). There are also reduced regulatory requirements for some private landowners/leaseholders operating RPAs.

If you are flying for fun and not any economic gain, then the regulations are less restrictive. You do not need to be certified, providing you follow some simple safety rules.

Whatever your reason for flying, it is an offence to operate an unmanned aircraft in a way that creates a hazard to another aircraft, another person or property

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THE DATUM POST Page 20 of 30

DRONES. Continued

Why change the rules?

CASA amended Part 101 of the Civil Aviation Safety Regulations to:

· reduce the cost and regulatory burden on lower-risk RPA operations

· clarify which operators needed an RPA operator’s certificate (ReOC)

· update terminology to align with the International Civil Aviation Organization, for example, UAV (unmanned aerial vehicle) has become RPA (remotely piloted aircraft).

What rules have changed?

The amendments to Part 101 create new weight classifications for RPA:

· micro - 100 grams or less

· very small - more than 100 grams and less than 2 kilograms

· small - at least 2 kilograms and less than 25 kilograms

· medium - at least 25 kilograms and less than, or equal to, 150 kilograms

· large - greater than 150 kilograms.

New licensing and certification have been introduced for operators of RPAs outside of the excluded category:

· a remote pilot licence (RePL)

· an RPA operator’s certificate (ReOC).

The regulation introduces the concept of excluded RPAs, that is, RPA operations considered to be lower risk. These operations have reduced regulatory requirements. There are two excluded categories:

· very small RPAs

· private landowners/leaseholders.

Excluded RPA - very small RPA commercial operators

Commercial operators flying very small (< 2 kg) RPAs do not require an RPA operator’s certificate (ReOC) or a remote pilot licence (RePL).

You are required to notify CASA at least five days before your first commercial flight and operate by the SOCs. This means obtaining an aviation reference number (ARN) from CASA.

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THE DATUM POST Page 21 of 30

DRONES. Continued

Excluded RPA - flying over your own land

Private landowners and leaseholders can carry out some operations on their own land with a small RPA (< 25 kg) without needing a ReOC or RePL, if you follow the SOCs and none of the parties involved receives remuneration. Activities include aerial spotting, photography, spraying and carrying cargo.

Under these conditions, you can also operate a medium RPA providing the remote pilot holds an RePL.

What are the standard operating conditions?

· Excluded RPAs, i.e. commercial very small RPA operators and some private landowners, must follow the SOCs.

· You must only fly during the day, not at night.

· You must only fly by visual line of sight (VLOS)-close enough to see, maintain orientation and achieve accurate flight and tracking.

· You must fly no higher than 120 metres (400 feet) above ground level.

· You must not fly any closer than 30 metres from other people.

· You must not fly in a prohibited area or in a restricted area without the permission of the responsible authority.

· You must not fly over populous areas, such as beaches, parks and sporting ovals. The risk to life, safety and property depends not only on the density of people and property in an area but also the flying height and the likelihood of injury or damage should something go wrong with the RPA.

· You must not fly within 5.5 kilometres (3 nautical miles) of a controlled aerodrome-one with an operating control tower.

· You must not fly in the area of a public safety operation without the approval of a person in charge of the emergency response. This includes situations such as a car crash or any police, firefighting or search and rescue operations.

· You must only fly one RPA at a time.

If you wish to fly outside any of these conditions, you need to be licensed and/or certified by CASA. For example, licensed pilots may, subject to an air traffic control clearance, fly an RPA within 5.5 kilometres of a controlled aerodrome.

There are also rules around flying an excluded RPA near smaller aerodromes. When flying near an aerodrome without an operating control tower, you must not fly above runways or taxiways or in the approach or departure paths. See Advisory Circular 101-10 for a depiction of these restricted flying areas.

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THE DATUM POST Page 22 of 30

DRONES. Continued

Flying drones or model aircraft recreationally

If you want to fly your drone or model aircraft for fun in Australia, you can do so without our approval - providing you follow some simple safety rules. These rules detailed in Civil Aviation Safety Regulations Part 101 cover all recreational unmanned flight, including model aircraft, remote controlled aeroplanes and helicopters, blimps, rockets, kites, pyrotechnics and of course the ever-growing drone sector.

Flying with control - rules for flying drones and model aircraft safely

When flying drones or model aircraft recreationally, you need to follow these simple drone rules to keep everyone safe.

· You should only fly in visual line-of-sight, in day visual meteorological conditions (VMC). What does that mean?

o No night flying (generally).

o No flying in or through cloud or fog.

o Be able to see the aircraft with your own eyes (rather than through first-person-view [FPV, binoculars, telescopes]) at all times, (unless you operate under the procedures of an approved model flying association. Contact the MAAA for more information about flying FPV).

· You must not fly closer than 30 metres to other people.

· You must not fly over populous areas where - if your drone was to fail - it could hit someone. This could include beaches, parks, or sports ovals where there is a game in progress..

· In controlled airspace, which covers most Australian cities, you must not fly higher than 120 metres (400 feet) above the ground.

· You must not fly in a way that creates a hazard to other aircraft, so you should keep at least 5.5 km away from airfields, aerodromes and helicopter landing sites.

· You must not fly your RPA in or over prohibited / restricted area, unless you have the permission of the authority controlling the area.

o In restricted airspace, aircraft movements are reduced to those with certain specified permissions. Examples of restricted airspace include airspace around military installations or military controlled aerodromes, over Sydney Harbour, high-density flying operations or at an air show or other large public event. Restricted airspace may also be imposed by police for safety or security reasons near bushfires or major crime scenes. It is illegal to fly your RPA in these areas without permission.

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THE DATUM POST Page 23 of 30

DRONES. Continued

Operations within the 3nm (5.5km) radius of an aerodrome or helicopter landing site are possible and lawful providing you comply with the rules listed above and ensure that you do not operate:

· on the approach and departure path, or

· within the movement area, or

· create a hazard to aircraft that may be using those areas.

RPA used for sport or recreational purposes that weigh 150kg or less are considered to be operating privately and are regulated by the provisions for model aircraft.

More information about these requirements are provided in Advisory Circulars available for download: · AC101-3 for model aircraft (and recreational drone use) · AC101-2 for model rockets.

Operating in parks - additional considerations

Please be aware the above regulations only cover aviation safety. As well as complying with these rules, there may also be local council and/or national park laws prohibiting drone flights in certain areas.

Always research the area you plan to fly in before taking-off and contact the local council or national park if you are unsure about possible restrictions.

Remotely piloted aircraft in emergency situations

Never fly a drone or model aircraft near bushfires, floods, traffic accidents or any other emergency situation where you may be presenting a risk to the emergency operations taking place. While it might be tempting to record footage, you can pose a major safety risk to emergency personnel in the air and on the ground. Find out more on the remotely piloted aircraft in emergency situations page.

For More information visit https://www.casa.gov.au/aircraft/landing-page/flying-drones-australia

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THE DATUM POST Page 24 of 30

BRANCH NEWS PERTH BRANCH

At the AGM of the Perth Branch held

28th June the newly elected office

bearers were:

President: Kurk Brandstater

Vice President: James Allison

Treasurer: Marise Palmer

Secretary: Dale Hall Committee:

Greg Young, Greg Eller, Steven

Palmer

Welcome and congratulations to

these new office bearers

REMINDER TO ALL PERTH MEMBERS We still need volunteers for the upcoming 4x4 expo to be held on… 11 /Nov /2017. Contact Dale Hall.. 0418 938 425 Also Perth Open Day to be held on 25/Nov/2017 Contact Marise Palmer.. 0403 353 029 You do not have to be there all day even a few hours help would be appreciated.

Roster available at the Oct meeting 18th.

PERTH CAMP The 2017 Perth camp, recently held in the Mertondale area was an outstanding success. Attracting over 54 members, gold finds ranged from 10 gm nuggets to lots of half gramers.. Over the camp we lost 2 gps units, a radio and had a temporarily misplaced person. A fantastic effort by Greg Young once again. He puts a lot of effort into organising these events and with helpers such as Greg Eller as Safety Officer and who organised extra leases .A good time was had by all. The camp was well off the road with easy access for caravans etc. Plenty of space, so no one was on top of each other. A community campfire at night but many had their own cooking fires with the smell of damper wafting over the area. It was interesting the different times people headed out detecting. The diehards left at the crack of dawn and staggered back in around 5pm, others didn’t leave until almost lunch.(well 8.30 anyway). Some drove only a couple of kilometres while others covered vast distances during their stay. Experienced m embers explained and loaded Geomap onto computer checked detector settings and passed on general detecting knowledge. Greg Eller had a test pit organised, which surprised some members with how badly their detectors were set up, particularly showing how little depth they were actually getting. Greg Young has also resigned as Secretary of ALAP, handing over the position at the upcoming AGM. Once again thanks for all your effort and input Greg. Greg Eller also had his Drone in operation on the site and below are a number of pictures.

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THE DATUM POST Page 25 of 30

Advertising space is available in The Datum Post..

Quarter or Half page . Excellent rates. Published every 2 months Direct contact to both Leaseholders and Prospectors Contact Editor on Mob: 0498 353 232 Email: [email protected]

Follow the quartz veins

Photos from the camp

DRONE PICTURES

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THE DATUM POST Page 26 of 30

BRACE YOURSELF! By Tony Pilkington

I'm not sure if anyone is following “Project Blueballs” but rest assured it is still all systems go.

I was planning to be commissioning the plant by now but as with any such 'grand designs' there are delays a plenty. All the major fabrication work has been completed and we are currently in the wiring up stage. Unfortunately the local bloke is on holiday's for a month and so we have to tread water for a while, all part of the fun of a goldfields lifestyle.

Sometimes it's a bit tricky writing these articles. I don't want to come across as a know-it-all and I don't want people to think I'm plugging this product or that but we have a good idea of what works and what doesn't out here and when something is good then I am going to talk about it!

Being comfy during your detecting day is the foundation of being a good operator. If your harness and bungee set up is not 100% right then things will start to ache quickly and your day's outing will be over before you know it. My advice to you is to take plenty of time 'off the gold' in getting your set up right before you get 'on the gold'. Some people are lucky enough to be able to use the harness supplied by the detector manufacturer, unfortunately, I have never been one of those. For some reason my magnificent physique and Minelab harness's never seem to get along. I have always used day packs (small back packs) that are then modified to suit and for me that has always worked well. There is also the added advantage of plenty of carrying space for the essentials such as toilet paper (yes, essential!) and sat phone.

Many years ago, Lisa had a nasty back injury and couldn't tolerate any weight at all on her shoulders. She was out of detecting for about a year but took over parts of our prospecting operation such as CFO (chief financial officer), Land Manager (looking after our tenements) and Camp Superintendent (looking after me) as well as everything in between. When you prospect for a living, particularly as a family, that is what it's all about, teamwork.

Anyway, we made a special harness for her using some aluminium strips and other bit's and pieces including a 'hip stick'. The idea being that all the weight is on the hips and nothing even touches her shoulders. It has worked a treat for her and meant that she was able to continue doing what she loves. It is still the only harness she uses even though her back is mostly healed, why?, because it's comfortable.

What I really wanted to talk about was a Minelab dealer over here in the West and their solution to the harness problem. 'The Prospectors Pick' operates from Bunbury WA and always seems to be tinkering and inventing new gear for prospectors. I'm not really surprised as they are obsessed prospectors themselves! Over the last few years they have been developing a new type of harness for prospectors and it's a ripper.

I'll say from the outset that I have no financial interest in this harness; I'm just plugging something that works.

A picture says a thousand words and you can see the general idea. It's all made here in Oz and it's a quality product, most importantly it works. Denise runs the show at the Prospectors Pick and seeing her swing a GPZ7000 with a 19” coil by using their harness says it all for me.

If your swinging the Zed or have any back/shoulder injuries then I would encourage you to give this harness a go. All I can say is that I use it when I'm swinging the 7000 and absolutely love it. Well done Prospectors Pick.

For more info go to: www.prospectorspick.com.au or ring Denise on (08) 9468 6182

Lisa's custom made harness

Denise from Prospectors Pick modelling the new harness

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THE DATUM POST Page 27 of 30

“To catch the reader’s

attention, place an

interesting sentence or

quote from the story

here.”

Ghost Towns.. MERTONDALE

Nothing left of the

Mertondale town site Almost

a moonscape appearance

Mertondale.. Gold was discovered in this area in late 1898 by Fred MERTON. When the richness of the local gold find was realised in 1899, Archibald BURT, the Mining Warden recommended a townsite be declared. The gold mining lease was named Merton's Reward, and also referred to as Merton's Find, but when Burt recommended the town site he nominated Mertondale as the name. The town site was gazetted in 1899. The gold did not last, and the area was almost deserted by 1910. By 1903 there were three hotels, four stores, police station and a branch of the National Bank

Fred Merton with over $60000 of gold in retorts (see below) picture from trove newspapers

Aside from the Mertondale 1-5 deep mines in the area there were many alluvial patches found. Most were within a 26 km radius of the town site. Mine Area Geology.. Stratigraphy.. The Archaean sequence in the Mertondale mine area, from west to east , comprises felsic volcanics, composed of quartz-feldspar-sericite schists, metabasallts and ‘porphyry’lenses and a mixed mafic package consisting of interlayered basalt, dolerite and carbonated sediments.

What is a retort?

A retort is a vessel to which heat is applied in order to separate different materials.

An amalgamation of gold and mercury is obtained by mixing mercury in with gold. The mercury will

coat the gold and will not cover the quartz, ironstone or other compounds that are in the pot. The retort

is for separating the mercury from the gold.

Mercury and free gold can be brought together in a number of ways, but to mix well, both the mercury

and gold must be clean. Coatings, especially those which are oily in nature, prevent the two from

mixing. In the old days, miners placed mercury in the riffles of sluices, dry washers, and similar devices

to aid capture of fine gold. At the base of most of the old stamp mills was a plate amalgamator – a

device with a metal plate coated with a thin film of mercury on the surface.

Crushed ore or concentrates was fed slowly over the plate, and gold adhered to the mercury. Using

“open system” methods like these where any mercury lost through the system went out with the tailings

into the environment would be crazy today, and simply an invitation for a big dollar citation from every

environmental agency that has jurisdiction over you.

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THE DATUM POST

Page 28 of 30

FOR SALE

Personalised names on APLA shirts

Not only shirts but towels and other Manchester.

Towels with name and design range from $25 to $35.

Most designs are done on set sizes 100cm x 100 cm and 180cm x 130cm.

Loads of different designs

Call Linda on 0409971438

FOR SALE - METAL DETECTOR - GPX 4000 $2500.00 ONO

GPX 4000 serial # 30120092p04141

1 X MONO COIL – 11 INCH ROUND (COMMANDER)

1 X GPX 4000 LITHIUM BATTERY

1 X KOSS HEADPHONES

1 X POWER CABLE

1 X LUCKY LARK AUDIO AMPLIFIER

1 X 240V AC POWER BATTERY CHARGER

1 X 12V DC VEHICLE CHARGER ADAPTOR

1 X DETECTOR CARRY BAG

1 X BATTERY DETECTOR HARNESS WITH WAIST BELT

THE DETECTOR WAS PURCHASED NEW FROM REEDS PROSPECTING

SUPPIES, BELLVUE, WA, IN 2009. IT HAS BEEN METICULOUSLY

MAINTAINED AND IS IN VERY GOOD CONDITION BUT IS NOW SURPLUS

TO MY REQUIREMENTS.

THE DETECTOR HAS FOUND A LOT OF GOLD NUGGETS AND FOR ONE

LUCKY USER WILL FIND A LOT MORE.

HAPPY DETECTING

CONTACT ROBIN MOBILE 0405461751

APLA MEMBR #3603 – PERTH BRANCH

Advert

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THE DATUM POST Page 29 of 30

NEED SOME SIGNAGE FOR YOUR LEASE OR VEHICLES

Danger Signs

Safety Signs

Mandatory Health & Safety Notices

Caution signs

Vehicle Decals or Numbers

Call Steve 0498 353 232

Have something for sale or want to

advertise your products in The Datum Post..

contact editor on 0498 353 232 or email

[email protected]

Thanks to some of our APLA sponsors REEDS prospecting supplies

GOLD PROSPECTING IN WESTERN AUSTRALIA BILL AND UDO ... CUE WEBSITE.. http://www.gold-prospecting-wa.com/

Advert

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THE DATUM POST

Page 30 of 30

LIGHT RELIEF

Minelabs latest Coil release? Helicopter optional extra.

OR An APLA member trying For greater depth.?

Bumper Sticker

NEXT ISSUE OF The Datum Post is DECEMBER 2017. Cut-off date for advertising, articles, members photos 7th December Editor contact: [email protected]

Sent in by Alan Carmondy

Airborne electromagnetic (EM) surveying is a method used by mining companies to

determine the geological structure of the earth at potential mining sites, obtaining detailed

insight into where and how to drill. And while it's neither a cheap nor easy technique, it's

one that's quickly grown in popularity over recent years as operators seek to de-risk

prospects before engaging venture capital firms.

Its popularity can be put down to several factors, as not only does EM surveying allow

companies to gather data from much deeper under the surface than many other surveying

techniques, the data provided is extremely high-resolution. Moreover, EM technologies are

improving all the time - both in terms of the equipment used to collect the data and the

software used to analyse it.