Opal Mining Regulations 2012 (SA)

South Australia Opal Mining Regulations 2012 under the Opal Mining Act 1995

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Exempt land 5 Major working area—Coober Pedy Part 2—Plates and permits 6 Identification plates 7 Replacement or surrender of permit Part 3—Size, shape and dimensions of areas 8 Size 9 Shape, dimensions and availability Part 4—Mode of taking possession etc 10 Mode of taking possession 11 Notification of pegging 13 Display of registration number Part 5—Working conditions—precious stones claims 14 Working conditions 15 Amalgamation of working conditions 16 Suspension of working conditions 17 Exemptions Part 6—General provisions for tenements 18 Removal of posts 19 Insufficiently defined tenements 20 Rectification of tenement boundary 21 Action to comply 22 Reduction in area of tenement 23 Time for renewal of tenement 24 Roads and pipelines across tenements Part 7—Opal mining co‑operation agreements 25 Prescribed requirements Part 8—Miscellaneous 26 Verification of membership of association 26A Items to be registered on opal mining register 27 Amendments to opal mining register 28 Offices of Opal Mining Registrar 29 Change of address 30 Forms 31 Application for native title declaration 32 Approved associations for umbrella authorisations 33 Notice initiating negotiations with native title parties 33A Applications for warrants 33B Administrative penalties 34 Service of documents 35 Power of Director to waive or refund fees 36 Validation of notice of entry 37 Warden's Court—costs 38 Offences Schedule 1—Major working area—Coober Pedy Schedule 3—Form of notice initiating negotiations with native title parties Schedule 4—Items to be registered on opal mining register Schedule 5—Administrative penalties Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Opal Mining Regulations 2012. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Opal Mining Act 1995; extra large precious stones claim means a precious stones claim with an area exceeding 5 000 square metres (but not exceeding 20 000 square metres); holder of a precious stones tenement includes a person who has pegged out an area for a precious stones tenement; large precious stones claim means a precious stones claim with an area exceeding 2 500 square metres but not exceeding 5 000 square metres; small precious stones claim means a precious stones claim with an area of 2 500 square metres or less; working day means a day other than Saturday, Sunday or a public holiday. 4—Exempt land (a1) For the purposes of section 6(1)(a)(ii)(A) of the Act, an amount of $2 500 is prescribed. (1) For the purposes of section 6(1)(h)(i) and (ii) of the Act, the following purposes are prescribed: (a) sewerage treatment; (b) waterworks. (2) For the purposes of section 6(9) of the Act, a copy of an agreement by which an exemption is waived under that section must be lodged with the Opal Mining Registrar before application is made to the Opal Mining Registrar for the registration of a precious stones tenement on account of the existence of the agreement1 but in any event within 21 days after the agreement is made. Note— 1 The agreement could be lodged immediately before the relevant application is made. 5—Major working area—Coober Pedy (1) For the purposes of section 13(1) of the Act, the area within the Coober Pedy Precious Stones Field defined by Filed Plan FP 37814 lodged in the Lands Titles Office in Adelaide is identified as a major working area for the purposes of that section. (2) The major working area is— (a) marked on the ground with 1.5 metre wooden pegs set in concrete; and (b) depicted (for reference purposes) by the plan in Schedule 1.