Opal Mining Act 1995

If agreement between the proponent and the native title parties is not reached within the relevant period, any party to the negotiations or the

Minister may apply to the ERD Court for a determination. [In this subsection, the relevant period is—

if the mining operations to which the negotiations relate are merely of an exploratory nature—four months from when the negotiations were initiated; or

in any other case—six months from when the negotiations were initiated.]

On an application under this section, the ERD Court may determine—

that mining operations may not be conducted on the native title land; or

that mining operations may be conducted on the native title land subject to conditions determined by the Court.

If the ERD Court determines that mining operations may be conducted on native title land, the determination—

must deal with the notices to be given or other conditions to be met before the land is entered for the purposes of mining operations;

but

cannot provide for payment to the native title parties based on profits or income derived from mining operations on the land or the quantity of precious stones produced.

The ERD Court must make its determination on an application under this section within the relevant period unless there are special reasons why it cannot do so. [In this subsection, the relevant period is—

if a determination is sought only for exploring—four months from when the application is made; or

in any other case—six months from when the application is made.]

The representative Aboriginal body for the area in which the land is situated is entitled to be heard in proceedings under this section.