Surrender of tenement, removal of posts etc
28 Surrender of tenement, removal of posts etc
The Opal Mining Registrar may, on receipt of an application in a manner and form determined by the Director from the holder of the tenement, cancel the registration of a precious stones tenement.
If the land comprised in the tenement is outside a precious stones field, the Opal Mining Registrar must not cancel the registration of the tenement unless or until advised by an authorised person that the land has been rehabilitated in accordance with the requirements of this
Act.
If the registration of a tenement lapses or is cancelled under this
Act, the holder of the tenement must—
in the case of a tenement that is wholly within a precious stones field—immediately remove all posts, boundary indicators and markers unless exempted from the requirement to do so by an opal mining registrar or authorised person on the basis that it is unreasonable (for reasons of safety or otherwise) to require the posts, indicators or markers to be removed;
in the case of a tenement that is wholly outside a precious stones field—leave all posts, boundary indicators and markers in place until authorised by an opal mining registrar or authorised person to remove them and then, on receiving that authorisation, subject to any direction to the contrary, immediately remove them.
In this section—
authorised person includes a person who is authorised by the Opal Mining Registrar to exercise the powers of an authorised person under this section.
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