Part 10 Opal prospecting licences
Division 1 Opal prospecting areas
(1) The Minister may, by order published in the Gazette, constitute any prescribed land as an opal prospecting area and may, by the same or a subsequent order so published, name the area and fix its boundaries.(2) For the purposes of this section, prescribed land is:(a) any land held under a lease or licence for grazing purposes under the Crown Lands Act 1989, the Crown Lands (Continued Tenures) Act 1989 or the Western Lands Act 1901, or(b) Crown land, or land within a reserve, other than:(i) land that is held under a lease or licence (not being a lease or licence referred to in paragraph (a)) under the Crown Lands Act 1989, the Crown Lands (Continued Tenures) Act 1989 or the Western Lands Act 1901, or(ii) land that has been sold or lawfully contracted to be sold, or(iii) land in respect of which a reserve trust has been established under Division 4 of Part 5 of the Crown Lands Act 1989 or that is under the control of a council pursuant to section 48 of the Local Government Act 1993, or(iv) land that is subject to an easement, or(v) any land of a class or description prescribed by the regulations.(3) In subsection (2):Crown land has the same meaning as in the Crown Lands Act 1989.
licence includes a permissive occupancy.
reserve has the same meaning as in Part 5 of the Crown Lands Act 1989.
221 Notification of landholders
Before constituting any land as an opal prospecting area or adding any land to an existing opal prospecting area, the Minister must cause written notice to be served on the landholder:(a) of the proposal to constitute the land as an opal prospecting area, and(b) of the grounds on which the landholder may make an objection to the constitution of the land as an opal prospecting area, and(c) of the manner and form in which the landholder may make such an objection.
(1) A landholder of any land who has been served with a notice of the Minister’s proposal to constitute the land as an opal prospecting area, or to add the land to an existing opal prospecting area, may, within 28 days after being so served, make an objection to the proposal on any of the following grounds:(a) on the ground that the land the subject of the proposal is agricultural land, if the landholder is a person who is entitled to use the land for agricultural purposes,(b) on one or more grounds of the kind prescribed by the regulations.(2) Such an objection:(a) must be lodged with the Director-General, and(b) must be in the approved form.(3) If an objection is made on the ground referred to in subsection (1) (a), the Director-General is to determine the question of whether the land concerned is agricultural land in accordance with Schedule 2.(4) Unless it is earlier withdrawn, the Director-General must refer any objection made on the ground referred to in subsection (1) (b) for inquiry and report by a person having such qualifications or experience as may be prescribed by the regulations.(5) At the conclusion of the inquiry into the objection, the person to whom the objection has been referred must furnish the Minister with a report as to his or her findings.(6) An objection made on the ground referred to in subsection (1) (b) is to be determined by the Minister on the basis of the report so furnished.
223 Certain land not to be included in opal prospecting area
(1) Land may not be constituted as an opal prospecting area or added to an existing opal prospecting area:(a) if an application for an authority is pending in respect of the land, or(b) if an authority is in force in respect of the land, or(c) if the land forms part of a reserve, an exempted area, a mineral allocation area for opal or a colliery holding, or(d) if it has been determined in accordance with Schedule 2 that the land is agricultural land.(2) Land that is within a national park, state conservation area, regional park, historic site, nature reserve, state game reserve, Aboriginal area, protected archaeological area, wildlife district, wildlife refuge, wildlife assessment area or Aboriginal place within the meaning of the National Parks and Wildlife Act 1974 may not be constituted as an opal prospecting area, or added to an existing opal prospecting area, except with the consent of the Minister administering that Act.
(1) The Minister may, by order published in the Gazette, specify special conditions that are to apply to opal prospecting licences granted over land within any specified opal prospecting area.(2) Without limiting the generality of subsection (1), the conditions that may be specified in an order under this section include conditions as to the following matters:(a) the areas in which prospecting operations in respect of an opal prospecting block are prohibited,(b) the nature and extent of prospecting operations that may be carried out in respect of opal prospecting blocks,(c) the levies payable in respect of opal prospecting licences and the purposes for which those levies may be applied,(d) the security deposits to be lodged in respect of the granting of opal prospecting licences,(e) the compensation payable in respect of the carrying out of prospecting operations under opal prospecting licences,(f) the obligations of holders of opal prospecting licences as to the rehabilitation of land on which prospecting operations have been carried out,(g) the program of work to be carried out under an opal prospecting licence,(h) the amount of money to be expended on prospecting,(i) such other matters as the Minister considers appropriate.
(1) The Minister may, by order published in the Gazette, constitute any land within an opal prospecting area as an opal prospecting block.(2) Such an order:(a) may give the opal prospecting block a designation and fix its boundaries, and(b) may specify any periods during which an opal prospecting licence may not be granted in respect of the opal prospecting block.(3) An opal prospecting block may not exceed:(a) an area of 500 hectares, or(b) such smaller area as is prescribed by the regulations.
225 Map of opal prospecting area to be prepared
(1) As soon as practicable after land within an opal prospecting area has been constituted as an opal prospecting block, the Minister:(a) must cause a map to be prepared, on which the following particulars are to be depicted:(i) the boundary of the opal prospecting area,(ii) the boundary of each opal prospecting block within the opal prospecting area,(iii) the name of the opal prospecting area,(iv) the designation of each opal prospecting block within the opal prospecting area,(v) the period (not exceeding 5 years) for which an opal prospecting licence over an opal prospecting block within the opal prospecting area may be granted, and(vi) (Repealed)(b) must cause a copy of the map to be furnished to the mining registrar for each mining division within which the opal prospecting area, or any part of the opal prospecting area, is situated.(2) The Minister may from time to time cause such a map to be amended:(a) by varying the boundary of the opal prospecting area, or(b) by varying the boundary of one or more opal prospecting blocks within the opal prospecting area, or(c) by varying the period for which an opal prospecting licence over an opal prospecting block within the opal prospecting area may be granted.(d) (Repealed)(3) As soon as practicable after a map is amended, the Minister must cause a copy of the amended map to be furnished to the mining registrar for each mining division within which the relevant opal prospecting area, or any part of the area, is situated.(4) A mining registrar to whom a copy of a map is furnished must, during ordinary office hours, keep the copy of the map available, free of charge, for public inspection.
Division 2 Opal prospecting licences
226 Applications for opal prospecting licences
(1) Any person may apply for an opal prospecting licence over an opal prospecting block.(2) An application:(a) must be accompanied by the appropriate lodgment fee, and(b) must be lodged with the mining registrar for the mining division in which the opal prospecting block is situated.(3) If more than one application is lodged with a mining registrar in respect of the same opal prospecting block, the applications are to be dealt with in the order in which they are lodged or, if they are lodged simultaneously, in such order as may be prescribed by the regulations.
227 Restrictions on grant of licence
(1) An opal prospecting licence may not be granted over an opal prospecting block:(a) to an individual who has not attained the age of 18 years,(b) over which any other opal prospecting licence is in force or has (at any time within the 14 days preceding the day on which the application for the licence was lodged) been in force, or(c) over which a mineral claim is in force, or(d) to a person who is the holder of an opal prospecting licence over any other opal prospecting block in the same mining division, or(e) during a period specified in the order by which the opal prospecting block is constituted as a period during which such a licence may not be granted.(2) An opal prospecting licence may not be granted over any part of an opal prospecting block in respect of which an application for a mineral claim is pending.
228 Power of mining registrar in relation to applications
(1) After considering an application for an opal prospecting licence, the mining registrar:(a) may grant an opal prospecting licence to the applicant, or(b) may refuse the application.(2) Without limiting the generality of subsection (1), an application may be refused if the applicant has been convicted of an offence against this Act or the regulations or any other offence relating to mining or minerals.(3) If the mining registrar refuses to grant an opal prospecting licence, the mining registrar is to cause notice of the decision, and of the reasons for the decision, to be served on the applicant.(4) Before granting an opal prospecting licence, the mining registrar may require the applicant to give and maintain security, in such amount and form as the mining registrar may (in accordance with the regulations) require, for the fulfilment of the obligations arising under this Act in relation to the licence.(5) A condition requiring security to be given and maintained by the holder of an opal prospecting licence (the new licence) may be expressed so as to require the security given and maintained in relation to some other opal prospecting licence or licences, whether under this section or under section 232A, or in relation to some mineral claim or mineral claims, whether under section 190 or 195A, held by the same person to be extended to the new licence.(6) If the mining registrar proposes to grant an opal prospecting licence to a person on the condition that the person gives and maintains security, the mining registrar may cause a written notice to be served on the person requiring the person to lodge the security with the mining registrar on or before the date specified in the notice.
An opal prospecting licence is subject to:(a) any special conditions that apply, pursuant to section 223A, to the opal prospecting block over which the licence is granted, and(b) the conditions imposed on the holder of the licence, pursuant to section 235C, as to his or her exercise of any right of way under that section in respect of the opal prospecting block over which the licence is granted, and(c) the conditions to which the holder of the licence is subject pursuant to any registered access management plan in force in respect of the opal prospecting block over which the licence is granted, and(d) such other conditions (not inconsistent with the conditions referred to in paragraphs (a), (b) and (c)) as the mining registrar may impose.
An opal prospecting licence has effect for the period specified on the map in respect of the opal prospecting block concerned.
An opal prospecting licence is to be in the approved form and is to include the following particulars:(a) the designation of the opal prospecting block over which the licence is granted,(b) the period for which the licence is to have effect.
(1) The holder of an opal prospecting licence may, in accordance with the licence, prospect for opals in the opal prospecting block over which the licence is granted.(1A) Despite subsection (1), the holder of an opal prospecting licence may not prospect for opals in any part of an opal prospecting block in respect of which prospecting is prohibited under section 223A.(2) While an opal prospecting licence is in force, no person, other than the holder of the licence, may prospect for opals in any part of the opal prospecting block to which the licence relates.(3) Nothing in this section prevents the holder of a mineral claim from exercising, in relation to any land within an opal prospecting block, any right conferred by the claim.(4) An application for a mineral claim is a nullity to the extent to which it relates to any part of an opal prospecting block in respect of which any person other than the applicant holds an opal prospecting licence.
232A Amendment of opal prospecting licence in respect of certain conditions
(1) A mining registrar may amend an opal prospecting licence that does not contain a condition requiring the holder to give and maintain security for the fulfilment of the obligations of the holder arising under this Act so as to include such a condition.(2) A mining registrar may amend an opal prospecting licence that contains such a condition so as to vary the amount and form of the security that is required to be given and maintained.(3) A mining registrar may amend any 2 or more opal prospecting licences held by the same holder that contain such a condition so as to require a single security to be given and maintained.(3A) A single security may be given and maintained in relation to both opal prospecting licences and mineral claims held by the same person.(4) The amendment of an opal prospecting licence takes effect on the date on which written notice of the amendment is served on the holder of the licence or on such later date as may be specified in the notice.
(1) A mining registrar may cancel an opal prospecting licence:(a) if the holder of the licence requests the mining registrar to cancel the licence, or(b) if the holder of the licence contravenes any condition of the licence or any provision of this Act or the regulations, whether or not the holder is prosecuted or convicted of any offence arising from the contravention, or(c) if the holder of the licence fails to comply with the requirements of any agreement or assessment under Part 13 in relation to the payment of compensation, or(d) if the holder of the licence is convicted of any offence relating to mining or minerals, or(e) if the mining registrar is ordered by the Land and Environment Court to cancel the licence.(2) A request referred to in subsection (1) (a) must be lodged with the mining registrar for the mining division within which the opal prospecting block is situated.
(1) Before cancelling an opal prospecting licence on a ground referred to in section 233 (1) (b)–(d), the mining registrar:(a) must cause written notice of the proposed cancellation, and of the grounds of the proposed cancellation, to be served on the holder of the licence, and(b) must give the holder of the licence a reasonable opportunity to make representations with respect to the proposed cancellation, and(c) must take any such representations into consideration.(2) Cancellation of an opal prospecting licence takes effect on the date on which written notice of the cancellation is served on the holder of the licence or on such later date as is specified in the notice.(3) Cancellation of an opal prospecting licence does not affect any liability incurred by the holder of the licence before the cancellation took effect.
234A Limitation of challenges to decisions relating to opal prospecting licences
(1) The cancellation of an opal prospecting licence or the grant or refusal of an application for an opal prospecting licence cannot be challenged in any legal proceedings commenced later than 3 months after the cancellation, grant or refusal.(2) This section has effect despite any other Act, but does not apply so as to affect any appeal from proceedings commenced within the period of 3 months referred to in subsection (1).
235 Certain claims for damages prohibited
No action lies against the Crown, the Minister or any person administering this Act in respect of any injury or loss suffered or incurred in relation to the exercise of any right conferred by an opal prospecting licence.
(1) A mining registrar is to cause to be kept a record of:(a) every application for an opal prospecting licence that is received by the registrar, and(b) every opal prospecting licence granted or cancelled by the mining registrar.(2) Such a record must be kept in the form, and must contain the particulars, required by the Director-General.(3) The record must be kept available at the mining registrar’s office for inspection, free of charge, by members of the public.
235B Retention and forfeiture of security deposit
(1) A security in relation to an opal prospecting licence may be retained by the Director-General until the Director-General is satisfied that the holder of the licence has fulfilled the obligations arising under this Act in relation to the licence, whether the obligations concerned are required to be fulfilled during or after the period for which the licence remains in force.(2) Obligations required to be fulfilled after the period for which the opal prospecting licence remains in force do not cease merely because the licence has ceased to be in force, and the relevant security may be retained under subsection (1) even though the licence is no longer in force.(3) Such part of any security in relation to an opal prospecting licence as the Director-General may determine is to be forfeited to the Crown if the holder of the licence fails to fulfil the obligations arising under this Act in relation to the licence.(4) Money realised from the forfeiture of any such security may be applied for the purpose of rehabilitating any land in the State affected by prospecting or mining operations.(5) The functions of the Director-General under this section may be exercised with or without the benefit of a finding by a court or tribunal that the holder of the opal prospecting licence concerned has failed to fulfil any obligations arising under this Act in relation to the licence.
(1) The holder of an opal prospecting licence is entitled to a right of way (to be indicated or described in the manner prescribed by the regulations) between the opal prospecting block and a public road.(2) The route of a right of way:(a) should, wherever practicable, follow the route of existing roads or tracks (particularly, in the case of land in the Western Division, those the subject of special easements under section 35S of the Western Lands Act 1901), and(b) must accord with the provisions of any registered access management plan applying to the land.(3) The holder of the opal prospecting licence:(a) must ensure that substantial gates or grids (or, if the landholder of the land so requires, gates and grids), that comply with subsection (4), are placed wherever fences are intersected by the right of way, or(b) if those fences are rabbit-proof, marsupial-proof or dog-proof fences, must ensure that rabbit-proof, marsupial-proof or dog-proof gates are placed at all such intersections.(4) Any such gate or grid must be of a design and construction that is adequate to prevent stock from straying.(5) The costs of installing and maintaining any gates or grids required by this section are to be borne by the holder of the opal prospecting licence.(6) Subject to any determination by the Land and Environment Court, a right of way is subject to such conditions as to its exercise, and to such exceptions as to the land over which it may be exercised:(a) as may be prescribed by the regulations, or(b) as may be specified in any registered access management plan applying to the land.(7) If a dispute arises as to the exercise of a right of way, any party to the dispute may apply to the Land and Environment Court for a determination of the matter.(8) The conditions imposed by the Land and Environment Court under subsection (7) must not be inconsistent with the conditions specified in any registered access management plan applying to the land.(9) (Repealed)Maximum penalty (subsection (3)): 50 penalty units.
235D Opal prospecting area management fund
(1) For each opal prospecting area there is to be established an area management fund into which are to be paid:(a) all levies paid in accordance with a condition referred to in section 223A (2) (c) in respect of opal prospecting licences granted over land within the area, and(b) the proceeds of investment of money in the fund, and(c) such other money as is required or permitted to be paid into the fund.(2) Money in any such fund may be used:(a) for any purpose specified in a condition referred to in section 223A (2) (c) as a purpose for which levies referred to in that paragraph may be applied, and(b) to cover the costs of administering the fund.(3) Money received for payment into a fund established under this section is to be paid into an account kept, for the purposes of the fund, in an authorised deposit-taking institution.(4) A fund established under this section in relation to an opal prospecting area is to be administered by the Director-General.
For the purposes of this Act, an application for an opal prospecting licence is pending from the time it is lodged under this Act until the time it is finally disposed of.
A certificate that is signed by a mining registrar and that states that on a date, or during a period, specified in the certificate:(a) an opal prospecting licence so specified was or was not granted, or(b) a condition so specified was or was not a condition the subject of an opal prospecting licence so specified, or(c) a person so specified was or was not the holder of an opal prospecting licence so specified, or(d) an opal prospecting block was or was not subject to an opal prospecting licence or to an opal prospecting licence so specified,is admissible in evidence in all courts and is evidence of the fact or facts so stated.