Opal Mining Act 1995

Despite any other provision of this Act, a precious stones prospecting permit does not authorise a person to prospect for precious stones on the Mintabie precious stones field unless the permit has been endorsed by an opal mining registrar as authorising such prospecting.

The holder of a precious stones prospecting permit may apply for endorsement of his or her precious stones prospecting permit to authorise prospecting for precious stones on the Mintabie precious stones field.

An application under subsection (2)—

must be made in a form determined by the Director;

must be accompanied by the prescribed application fee;

must be accompanied by any other information that the Director may require (including, without limiting this paragraph—

in the case of an applicant who is of or above 18 years of age, information in relation to the criminal history of the applicant;

in the case of an applicant who is a body corporate, information in relation to the criminal history of the applicant, or a director, officer or employee of the applicant).

If an opal mining registrar refuses to endorse a precious stones prospecting permit under this section, the opal mining registrar must, by notice in writing, inform the applicant of that fact.

A precious stones prospecting permit that authorises prospecting for precious stones on the Mintabie precious stones field is subject to conditions specified by the opal mining registrar by notice in writing given to the holder of the permit.

A condition under subsection (5) has effect when the notice under that subsection is given to the holder of the permit.

A condition under subsection (5) is in addition to, and does not derogate from, any other condition or qualification applicable to a precious stones prospecting permit under this Act.

The holder of a precious stones prospecting permit that authorises prospecting for precious stones on the Mintabie precious stones field must not contravene or fail to comply with a condition of his or her permit.

An opal mining registrar must revoke an endorsement under this section if the holder of the relevant precious stones prospecting permit has been excluded from the Mintabie precious stones field under section 29H of the Anangu Pitjantjatjara

An opal mining registrar may, by notice in writing, on any reasonable grounds—

revoke an endorsement under this section; or

vary the conditions of a precious stones prospecting permit that authorises prospecting for precious stones on the Mintabie precious stones field by the addition, substitution or deletion of 1 or more conditions.

A revocation or variation under subsection (10) has effect when the notice under that subsection is given to the holder of the permit (or on such later date as may be specified in the notice).

An endorsement under this section expires on the day on which the precious stones prospecting permit to which the endorsement relates expires or is renewed, whichever occurs first.

A holder of a precious stones prospecting permit—

whose application for endorsement of his or her precious stones prospecting permit under this section is refused by an opal mining registrar;

who receives a notice under subsection (5) imposing a condition on the endorsement; or

who receives a notice under subsection (10) revoking an endorsement, or varying the conditions, of the precious stones prospecting permit, may apply to the Warden's Court to have the relevant decision or decisions of the opal mining registrar reviewed.

An application for review must, unless the Warden's Court allows an extension of time, be made within 28 days after the relevant notice is given to the person.

At the conclusion of the review, the Warden's Court may, if satisfied that there were no reasonable grounds for a particular decision, do 1 or both of the following:

—

in the case of a review of a decision of an opal mining registrar to refuse to endorse a precious stones prospecting permit under this section—quash the opal mining registrar's decision; or

in the case of a review in respect of a notice under subsection (5) or (10)—cancel the revocation or the imposition or variation of the relevant condition (as the case requires);

remit the subject matter of the review to an opal mining registrar for reconsideration.

An opal mining registrar must not, in exercising a power or function under this section, act in a manner that is inconsistent with the