Opal Mining Act 1995

The following land is exempt from mining operations under this Act if it is outside a precious stones field:

land that is situated—

within 400 metres of a building or structure used as a place of residence (except a building or structure of a class excluded by regulation from the ambit of this paragraph); or

within 150 metres of—

a building or structure, with a value equal to or exceeding the prescribed amount, used for an industrial or commercial purpose;

or

a spring, well, reservoir or dam that has some commercial value or use, (but not if it is an improvement made for the purposes of mining operations);

land that constitutes a distinct allotment of less than 2 000 square metres in a city, town or township;

land that is genuinely used as a yard, garden, plantation, orchard or vineyard;

land that is under crop;

land that is genuinely used as an airfield, railway, tramway or busway;

the grounds of a church, chapel, school, hospital or institution;

parklands or recreation grounds under the control of a council;

land—

that is dedicated or reserved by or under a prescribed Act, or by or under an Act for a prescribed purpose; or

that is vested in a Minister for a prescribed purpose;

or

that is comprised within an easement in favour of a

Minister;

land that is constituted as a forest reserve under the

Forestry Act 1950.

While land is exempt land—

a person is not authorised under a precious stones prospecting permit to prospect for precious stones on the land; and

a precious stones tenement must not be registered over the land (or a part of the land).

However—

a person may peg out an area for a precious stones tenement on exempt land¹, other than prescribed exempt land (see subsection (4)); and

a precious stones tenement may be registered over exempt land (or a

part of exempt land) if—

the land was not exempt land at the time the area of the tenement was pegged out; or

the tenement is registered in the name of the owner of the land.

In the case of prescribed exempt land, a person must not enter or peg out an area within the land except with the written permission (which may be given subject to conditions) of the person who has the benefit of the relevant exemption under this section.

If—

a person who has the benefit of an exemption under this section, by agreement with a mining operator, waives the exemption on terms and conditions set out in the agreement; or

the appropriate court, on the application of a mining operator, waives the exemption on terms and conditions (which should include provision for payment of compensation to the person or persons who have the benefit of the exemption), the land ceases to be exempt land.

Land that ceases to be exempt land under subsection (5) will revert to being exempt land on completion of the mining operations for which the agreement or determination is made, or at an earlier time specified in the agreement or determination.

The following persons will be regarded as having the benefit of an exemption under this section:

the owner of the exempt land; and

in the case of land that is exempt under subsection (1)(a) by reason of its proximity to other land on which a building, structure, spring, well, reservoir or dam is situated—the owner of the other land.

An agreement or determination is binding on, and enforceable by or against, the original parties to the agreement or determination and—

successors in title to the owner of the land who originally had the benefit of the exemption; and

the holders from time to time of precious stones tenements authorised under the terms of the agreement or determination.

An agreement by which an exemption is waived must comply with requirements determined by the Director and a copy of the agreement must be lodged with the Opal Mining Registrar in accordance with the regulations.

1 A person may peg out an area for a tenement with a view to negotiating a waiver, or to obtaining a determination of a court, under subsection (5).