Opal Mining Act 1995 (SA)

South Australia Opal Mining Act 1995 An Act to regulate prospecting and mining for opals and other precious stones.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Declaration of precious stones field or reserved land 5 Declaration of designated area or exclusion zone 6 Exempt land Part 2—Precious stones prospecting permits 7 Application for permit 8 Nature of permit 9 Terms and renewal of permit 10 Rights of holder of permit 10A Special provisions in relation to Mintabie precious stones field 11 Qualifications to permits 12 Area to be pegged out etc 13 Major working areas—Coober Pedy 14 Notice of pegging 15 Effect of pegging an area 16 Ballot may be conducted in certain cases 17 Pegging may lapse 18 Contravention of Part Part 3—Precious stones tenements 18A Special conditions for tenements in relation to Mintabie precious stones field 18B Cancellation of tenements on Mintabie precious stones field 19 Application for registration of tenement 19A Special provision related to application for and registration of tenements on Mintabie precious stones field 20 Registration of tenement 21 Maximum number of tenements 22 Term and renewal of tenement 23 Rights conferred by tenement 24 Tenement non-transferable 25 Unlawful entry on tenement 26 Caveats 26A Application to Warden's Court to lapse caveat or obtain compensation 27 Power of Opal Mining Registrar to cancel tenement 27A Cancellation and suspension 28 Surrender of tenement, removal of posts etc 29 Removal of machinery 30 Maintenance of posts Part 4—Entry on land and declared equipment Division 1—Entry on land 31 Entry on land 32 Notice of entry 33 Duration of notice of entry Division 2—Declared equipment 34 Use of declared equipment Part 5—Rehabilitation and compensation 35 Rehabilitation of land 35A Compliance directions 35B Contravention of Act 36 Bonds 37 Application of bonds 38 Compensation Part 6—Opal mining co-operation agreements 39 Interpretation 40 Nature of agreement 41 Parties to an agreement 42 Content of an agreement 43 Registration of agreement 44 Agreement may be varied or revoked 45 Appeal to Warden's Court 46 Persons bound by agreement 47 Enforcement of agreement 48 Restriction on mining operations by third parties Part 7—Native title land Division 1—Prospecting 49 Qualification of rights conferred by permit Division 2—Production 50 Limits on grant of tenement 51 Applications for tenements Division 3—Application for declaration 52 Application for declaration Division 4—Negotiating procedure 53 Types of agreement authorising mining operations on native title land 54 Negotiation of agreements 55 Notification of parties affected 56 What happens when there are no registered native title parties with whom to negotiate 57 Expedited procedure where impact of operations is minimal 58 Negotiating procedure 59 Agreement 60 Effect of registered agreement 61 Application for determination 62 Criteria for making determination 63 Limitation on powers of Court 64 Effect of determination 65 Ministerial power to overrule determinations 66 No re-opening of issues Division 5—Miscellaneous 67 Non-application of this Part to Pitjantjatjara and Maralinga lands 68 Compensation to be held on trust in certain cases 69 Non-monetary compensation 70 Review of compensation 70A Opal Mining Native Title Register Part 8—Special powers of Warden's Court 72 Jurisdiction relating to tenements and monetary claims 73 Cancellation of permit 74 Cancellation of pegging 75 Forfeiture of tenement Part 9—Miscellaneous 75A Opal mining registrar 76 Opal mining register 77 Appointment of authorised persons 78 Delegations 79 Exemptions 80 Passing of property 81 Acts of officers, employees and agents 82 Offences 83 Proceedings for offences 84 Prohibition orders 85 Power of Opal Mining Registrar to require pegs be removed 86 Compliance orders 87 Evidentiary provision 88 Avoidance of double compensation 89 Disposal of waste 90 Persons under 18 92 Land subject to more than one tenement 93 Interaction with Mining Act 94 Interaction with other Acts 95 Public roads and access routes 96 Approval of associations 98 Powers of attorney 98A Administrative penalties 98B Penalties payable into Mining Rehabilitation Fund 99 Regulations Schedule 1—Transitional provisions 1 Precious stones fields; reserved land 2 Existing permits, tenements etc—Precious stones 3 Exploration licences 4 Appointments Legislative history