South Australian Consolidated Acts

OPAL MINING ACT 1995

TABLE OF PROVISIONS

           Long Title

   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
   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.     Offence to contravene this Part

   PART 3--Precious stones tenements

   19.     Application for registration of tenement
   20.     Registration of tenement
   21.     Maximum number of tenements
   22.     Term and renewal of tenement
   23.     Rights conferred by a tenement
   24.     Tenement non-transferable
   25.     Unlawful entry on tenement
   26.     Caveats
   27.     Power of Mining Registrar to cancel tenement
   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
   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

   76.     The 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 Mining Registrar to require pegs to be removed
   86.     Compliance orders
   87.     Evidentiary provision
   88.     Avoidance of double compensation
   89.     Disposal of waste
   90.     Persons under 18
   91.     Safety net
   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
   97.     Immunity from liability
   98.     Powers of attorney
   99.     Regulations
           SCHEDULE 1--Transitional provisions
           Legislative history