Opal Mining Act 1995

In this section—

an area pegged out for a precious stones claim; or

an area within a registered tenement (and, for the purposes of this paragraph, if a registered precious stones claim is within a registered opal development lease, the relevant area for the claim will be taken to include the area of the lease while the lease is in force).

A person must not deposit, or allow to be deposited, soil, overburden or other material from a relevant area, or extend an open cut, beyond the boundaries of a relevant area, without the written authority of an authorised person. Maximum penalty: Maximum penalty: $10 000.

If the relevant area is outside a precious stones field, an authorised person must not give an authority under subsection (2) without the written permission of the owner of the land.

An authority may be given subject to conditions specified by the authorised person.

A person must not contravene or fail to comply with a condition. Maximum penalty: Maximum penalty: $10 000.

If a person acts in contravention of subsection (2), or of a condition under subsection (4), an authorised person may, by notice in writing, require the person to take specified action (immediately or within a period specified in the notice) to remedy the situation.

A person to whom a notice is addressed under subsection (6) must not, without reasonable excuse, fail to comply with the notice.

If the requirements of a notice are not complied with, an authorised person may cause the requirements to be carried out.

The Director may recover the costs and expenses reasonably incurred in taking action under subsection (8) from the person who failed to comply with the notice, as a debt.