Opal Mining Act 1995

A precious stones prospecting permit does not authorise a person to prospect for precious stones on exempt land.¹

A precious stones prospecting permit does not authorise the conduct of operations that involve the disturbance of land by declared equipment or explosives, other than where explosives are used to assist in sinking a prospecting shaft.

A precious stones prospecting permit does not authorise the pegging out of an area for a precious stones tenement on land that has been granted in fee simple, or is subject to native title conferring an exclusive right to possession of the land, except with the written consent of the owner of the land.

If the holder of a precious stones prospecting permit is a corporation, the precious stones prospecting permit does not authorise the pegging out of an area for a precious stones tenement—

on land that is within a precious stones field unless—

the land is within a designated area; or

the land is not within 500 metres of a registered tenement at the time of pegging;² or

the corporation was lawfully prospecting on land within the precious stones field at the time the precious stones field was declared and the pegging occurs during the course of that prospecting, or within three months of a cessation of that prospecting; or

on land that is within an exclusion zone.

A precious stones prospecting permit does not authorise the pegging out of an area for an opal development lease on land that is within a precious stones field unless—

the land is within a designated area; or

the land is not within 500 metres of a registered tenement at the time of pegging and is not over ground that has been previously disturbed by mining operations.

A precious stones prospecting permit does not authorise the pegging out of an area for a precious stones tenement on land that is within an opal development area under the Mining Act.³

A precious stones prospecting permit does not authorise the pegging out of an area that is not either wholly within, or wholly outside, a precious stones field.

A precious stones prospecting permit does not authorise the pegging out of an area for a precious stones tenement on land—

that is within an area that has been pegged out by another person (that pegging out not having lapsed or been cancelled); or

that is within an existing precious stones tenement.⁴

If a precious stones tenement lapses or is cancelled under this

Act—

if the tenement is an opal development lease—

the holder of the lease must not peg an area for another opal development lease on land that was within the previous lease; and

no other person may peg an area for another opal development lease on land within the previous lease unless at least 30 days have elapsed since the previous lease came to an end; and

if the tenement is a precious stones claim—the holder of the claim must not, without the written approval of the Opal Mining Registrar, peg an area for another tenement on land within the previous tenement unless at least 12 months have elapsed since the previous tenement came to an end.

A person may appeal against a decision of the Opal Mining Registrar not to grant an approval under subsection (8)(b) to the Warden's Court and the court may, on appeal—

confirm the Opal Mining Registrar's decision; or

reverse the Opal Mining Registrar's decision.

A person must not have pegged out at the same time—

more than one area for an opal development lease;

more than one area for a precious stones claim in a part of a precious stones field that is not within a designated area, subject to the qualification that a person may peg out two areas for precious stones claims in such a case if one or both of the claims are within the area (or former area) of an opal development lease⁵;

more than two areas for precious stones claims.

A person must not peg out an area if to do so would be contrary to the regulations.

1 Detailed provisions about exempt land appear in section 6.2 There is one exception to this provision, namely, the holder of an opal development lease can peg out an area for a precious stones claim within the area of the lease.3 See section 8A of the Mining Act.4 There is one exception to this provision, namely, the holder of an opal development lease can peg out an area for a precious stones claim within the area of the lease.5 Section 23(2)(b) provides that a person can only peg out one area for a precious stones claim within the area of an opal development lease during the term of registration. However, once the registration of the lease has come to an end, a person could peg out and register another opal development lease and, subsequently, another precious stones claim.