OPAL MINING ACT 1995
Table of Provisions
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
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
Division 2--Production
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