Mining Regulation 2016

(Former clause 47 of 2010 Reg)

For the purposes of section 222 (1) (b) of the Act, the prescribed grounds of objection to the constitution of land as an opal prospecting area, or to the addition of land to an existing opal prospecting area, are as follows—

that the land to which the objection relates is a garden or an orchard or is within 50 metres of a garden or an orchard,

that on the land, or within 200 metres of the land, there is a dwelling-house or a woolshed or shearing shed,

that the land is, or is within 200 metres of, a watering place,

that on the land, or within 50 metres of the land, there is situated a significant improvement other than an improvement constructed or used for ancillary mining activities and for no other purposes.

For the purposes of section 222 (4) of the Act, a person to whom the Secretary must refer any objection for inquiry and report must be—

a qualified valuer, or

an Australian lawyer of at least 7 years’ standing.

In this clause—

qualified valuer means a person who—

has membership of the Australian Valuers Institute (other than associate or student membership), or

has membership of the Australian Property Institute (other than student or provisional membership), acquired in connection with his or her occupation as a valuer, or

has membership of the Royal Institution of Chartered Surveyors as a chartered valuer.