Division 2Division 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).