Opal Mining Act 1995

Except where express provision is otherwise made, and subject to this section, this Act does not regulate operations carried out under the authority of a mineral tenement issued under the Mining

Act.

Subject to this Act and the Mining Act, land may be simultaneously subject to a registered precious stones tenement under this Act and a mineral tenement under the Mining Act—

if the holder of the tenement that is first registered (whether under this Act or the Mining Act) gives written approval to the registration of the second tenement; or

if the Warden's Court approves the registration of the second tenement (whether under this Act or the Mining Act).

In a situation referred to in subsection (2), the holders of the respective tenements must, subject to maintaining reasonable efficiencies in the conduct of their own operations, and any order of the Warden's Court, take all steps that are reasonably practicable to minimise interference with each others' operations. Maximum penalty: Maximum penalty: $20 000.

The holders of the respective tenements may agree to the modification of their rights under this Act or the Mining Act (or both) and, subject to an order of the Warden's Court (made on the application of any interested person), that agreement will have effect according to its terms.

The Warden's Court may, on the application of the holder of a tenement (whether under this Act or the Mining Act), make an order to regulate, restrict or prohibit mining operations where two or more tenements include the same land.

The holder of a tenement (whether under this Act or the Mining Act) must not contravene or fail to comply with an order of the Warden's Court under this section. Maximum penalty: Maximum penalty: $10 000.