Opal Mining Act 1995

If an approved association is a party to a registered agreement, a person who is not a member of that association must not conduct mining operations on land that is subject to the agreement unless—

the person is a party to another agreement with the owner of the land registered before the agreement with the association; or

the person has entered into a separate opal mining co-operation agreement with the owner of the land and an agreement of that kind is not specifically excluded under the terms of the agreement with the association;

the person pegged out an area for a tenement before the agreement with the association was entered into and the mining operations are carried out in that area in accordance with this Act; or

the person is acting under the authority of a mining tenement under the Mining Act; or

the person is acting under an authority granted by the Warden's

For the purposes of subsection (1)(e), a person who desires to carry out mining operations on land that is subject to a registered agreement with an approved association (and who is not authorised to carry out mining operations under the agreement) may apply to the Warden's Court for an authority to conduct mining operations on the land (including to peg out an area for a tenement) despite the agreement and the court may, on the application—

if it considers that it would be reasonable to allow the person to carry out mining operations on the land and that to do so would not unfairly disadvantage the parties to the registered agreement—grant the application, on conditions (if any) determined by the court; or

reject the application.