There is no such thing as "finder's keepers" in Australia. "A lot of people don't realise that if you find anything worth more than $100 you have to hand that in to the police," Preston said. "If you keep or sell it, it's called theft by finding and it's a chargeable offence."
Naturally, the fortuitous party who discovered the loot wants it considered abandoned and thus “finders-keepers.” Finding hidden treasure in the home you own is usually yours to keep under the law.
If you're in the Northern Territory, ACT or South Australia, you don't need a permit but remember that treasure hunting, fossicking and prospecting in national parks is banned right across Australia.
Finders keepers law is a defence to a steal or larceny offence. An accused person will be acquitted of stealing/larceny if he or she, after finding and keeping lost property, fails to take all reasonable steps that ought to have been taken to locate the owner.
A discoverer who finds a shipwreck pursuant to the law of finds is entitled to the full value of all of the goods that are recovered. Since the owner of the vessel has given up trying to recover the shipwreck, the discoverer is deemed to have full rights to the content.
If you find simple trinkets on a public beach or private property, then you can probably keep those items. Some counties and parks require you to report any found item (in case someone has reported it lost), but most public beaches do not have that stipulation.
The 'golden rule' is an extension of the literal rule. It provides that words in a statute are to be given their ordinary meaning unless that interpretation should lead to some absurd result.
Beaches - below the high water line - rivers and creeks are public property. Technically, they are pieces of Crown or State or Local Government land that people have access to.
This section criminalises unauthorised disclosure of any fact a Commonwealth officer has learned or any document they have obtained by virtue of their position that they are under a duty not to disclose. Breach of this provision can result in up to two years imprisonment.
If you discover gold or other minerals or gemstones on land not covered by a mining tenement, and the ground is Crown land (under the Mining Act 1978), then you are free to keep what you have found (as long as you hold a Miner's Right).
The low-down on gold panning
Make sure you have permission to pan for gold, as no one would be happy to find you trespassing on their land. You'll need to pick up a Miner's Right Permit to do any prospecting in Australia. You can easily apply for one online or at some tourist centres.
Australia (especially Western Australia) is the one of the world's top producers of gold. About 60% of Australia's gold resources occur in Western Australia, with the remainder in all other States and the Northern Territory.
The finder's rights depend on how the found property is categorized. If the found property is lost, abandoned, or treasure trove, the person who found it gets to keep it unless the original owner claims it (so actually, unless the original owner claims it, the rule is “finders keepers”).
If it is declared to be treasure then the finder must offer the item for sale to a museum at a price set by an independent board of antiquities experts known as the Treasure Valuation Committee. Only if a museum expresses no interest in the item, or is unable to purchase it, can the finder retain it.
While many of the goods taken were delicate or consumable, and have since been lost, substantial pirate hauls of precious metals are still thought to exist. Only one – the Wydah Galley Treasure – has been found, having previously been one of the most sought-after pirate treasures on the planet.
In Australia and New Zealand, land is predominantly held under the Torrens Title system, although remnants of General Law Title (deeds of conveyance) still remain. All land in the Australian Capital Territory is leasehold (effectively Torrens freehold) and much of the Northern Territory is held under Crown lease.
In Victoria, New South Wales and Southeast Queensland, state-owned utilities provide bulk water which is then distributed by utilities owned by either local or state governments. The Minister for Water is responsible for water policies at the federal level.
All of the beaches in Australia are technically Crown land, meaning they're for public use.
The rule of law limits the powers of governments, businesses and citizens, and protects citizens against the use of arbitrary power – autocratic decisions not based on law. The rule of law is a key feature of Australia's democracy.
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The rule of law underpins the way Australian society is governed. Everyone – including citizens and the government – is bound by and entitled to the benefit of laws.
Can I keep pieces or artifacts from a shipwreck? No. The Marine Protection, Research and Sanctuaries Act of 1972, which mostly regulates ocean dumping, also covers archaeological removal of submerged cultural resources. It's illegal to disturb a site or take things from it without a permit.
Although you might think the rules surrounding 'finders keepers' apply to a sunken treasure ship, this is unfortunately not true. Under salvage law, you must at least try to return the treasures to their rightful owner. As a result, upon discovery, you'd need to notify the government which controlled those waters.
An empty Treasure Chest can be sold to either the Merchant Alliance, Gold Hoarders, Order of Souls, Reaper's Bones or The Hunter's Call for a handful of Gold but no Reputation or Emissary Value.