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Mining Amendment (Mineral Claims – Opals) Act 2023

The Mining Amendment (Mineral Claims – Opals) Act 2023 came into law on 24 October 2023.

The Act retrospectively validates opal mineral claims affected by invalid grants, renewals and transfers from a failure to comply with procedural requirements under section 266(4) of the Mining Act 1992 between 1 January 2015 and 13 February 2023. 

This legislation reinstates the previous understanding of all parties, that the mineral claims were valid and remedy potential legal consequences of affected mineral claims.

The department has created a Fact sheet - Mining Amendment (Mineral Claims – Opals) Act 2023 (PDF, 79.72 KB) for stakeholders to learn more about what it means for them.

Does this mean I do not have to submit an application to have my claim determined by the department?

No. If you had a mineral claim that was purportedly current on 13 February 2023 you may continue to mine, but must also lodge further paperwork you have, or will, receive from the department regarding your affected mineral claim.

Redetermination of claims will provide clarity regarding mineral claim terms, and ensure all records and conditions are current and fit for purpose. Affected mineral claim holders will continue to receive information packages from the department.

I have a mineral claim in White Cliffs purportedly in effect at 13 February 2023. Does the legislation mean I can start mining again?

Yes. However, further administrative action regarding landholder compensation and native title must occur prior to future determinations regarding your validated mineral claim. The legislation does not validate mineral claims for the purposes of native title. 

If you are unsure about your particular circumstances, contact the Small-Scale Titles Project Team on 02 4063 6900 or sstproject@regional.nsw.gov.au.

I have applied for a mineral claim in White Cliffs that was not determined at 13 February 2023. Does the legislation mean I can start mining?

No. If your mineral claim application was not determined prior to 13 February 2023 (i.e. it has been pended) you are not authorised to undertake mining activity until such time as your application is determined and you receive a mineral claim certificate. Further administrative action regarding landholder compensation and native title must occur prior to the grant of any mineral claim over the White Cliffs ‘main field’.

Small-Scale Title validation program

The NSW Government recognises the importance of the opal industry to the Lightning Ridge and White Cliffs regional communities. The NSW Government is committed to ensuring appropriate administration and regulation of the opal industry for miners and landholders.

The NSW Government is implementing a comprehensive validation program for small-scale titles issued under the Mining Act 1992.

A review of the processes for the grant, transfer and renewal of mineral claims identified issues with the way legislative reforms were implemented from January 2015. As a result, decisions for the grant, transfer and renewal of some mineral claims were invalid and must be redetermined.

Mineral claims granted between 1 January 2015 and 13 February 2023, including those then transferred, were affected by the invalid processes and must have their original application redetermined. Miners who were previously advised to cease all activities under these claims may now mine due to the Mining Amendment (Mineral Claims - Opal) Act 2023, however they must complete administrative steps if they have not already had their application redetermined.

Mineral claims granted before 1 January 2015 and then renewed after this date under an invalid process continue in effect. Miners may continue activities on these claims in accordance with their pre-2015 mineral claim conditions but must have their post-2015 renewal application redetermined.

The department is prioritising redetermination of invalidly granted mineral claims at this time. The redetermination of invalidly renewed mineral claims is progressing in a staged approach and further information will be available as the validation program progresses.

Mineral claims granted after 13 February 2023 are not affected by the identified issues. 

Validation program refunds

Some opal miners are required to lodge a new application for a mineral claim. Aside from some landholder compensation payment, no other charges or fees will apply to these applications. The NSW Government will be refunding application fees and administrative levy payments in relation to invalid mineral claims.

From 12 June 2023, the department will write to affected opal miners to explain the refund process and request the required details to confirm and process refunds.  

Frequently asked questions - Refunds of fees and levy payments

What fees or payments are being refunded?

The department will be refunding the following fees or payments made by the current purported mineral claim holder:

  • all application fees for mineral claims invalidly granted, renewed or transferred between
    1 January 2015 and 13 February 2023
  • administrative levy payments where the mineral claim is invalid. This will generally apply to mineral claims granted, transferred or renewed between 1 January 2015 and 13 February 2023.

Will the small-scale titles levy payments be refunded?

No. However, if those levy payments were paid in relation to an invalid mineral claim, there will be no requirement to pay those levies again if your new application is granted. The levy payments collected have been used for the intended purpose of the levy.

Are all opal miners eligible for a refund, even those who no longer have a mineral claim?

Refunds will not be paid where the invalid mineral claim:

  • has expired; or
  • the mineral claim has been transferred to someone else.

How does an opal miner get access to the refunds?

The department will write to all impacted opal miners. The letters will provide details about entitlement to a refund and the required documentation that needs to be completed and returned to facilitate the refund.

How will the refunds be paid?

The refunds will be paid by electronic transfer to the impacted opal miner’s valid Australian bank account. No cash refunds will be available.

How will I know the amount of my refund?

Impacted opal miners will receive a letter from the department outlining the refund amount.

Will the department keep my bank account details secure?

The department ensures all details are stored securely within our financial system.

What if I don’t have a bank account or I don’t want to give the department my bank account details?

A valid Australian bank account is required to process all payments. Contact rentslevies.enquiries@regional.nsw.gov.au if you do not have a bank account.

How soon will the refunds be paid?

The department expects that refunds should be transferred within 14 days of receiving bank account details.

How long will I have to request a refund?

Completed forms and supporting documentation must be submitted to the department by 15 December 2023.

Who do I contact regarding a refund or for further information?

If you have any questions relating to the refunds, contact rentslevies.enquiries@regional.nsw.gov.au

For any questions or further information relating to the validation program more generally, contact the project team on 02 4063 6900 or by email: sstproject@regional.nsw.gov.au.

If you have any questions relating to the refunds contact rentslevies.enquiries@regional.nsw.gov.au

For questions or further information relating to the validation program email: sstproject@regional.nsw.gov.au

The Validation Project Team can be contacted by calling 02 4063 6900 and any enquiries will be referred on as necessary.

Validation program information for mineral claims granted post 2015 then transferred 

The department has written to holders of mineral claims that were granted under an invalid process after 1 January 2015 and then transferred to them. Please follow any requests for further information, or make payment of any feeds following notice of proposed decision promptly to enable redetermination of your mineral claim application.

If you have any questions, please contact the Small-Scale Titles Project Team for assistance.

Stage 1

Stage 2

Worked examples

To help miners complete the forms, the department has prepared a worked example of the forms below as a guide about what information needs to be included. (click under each image to see a filled example of each form)

LR2a worked example image
LR2Bv worked example image
Form LR2A worked example (DOCX, 140.91 KB) Form LR2Bv worked example (DOC, 184.5 KB)

If you have questions, please contact the Small-Scale Titles project team for assistance.

Email: sstproject@regional.nsw.gov.au (preferred)

  • Phone: 02 4063 6900 (preferred)
  • Or you can attend our office in Lightning Ridge 

Validation program information for mineral claims granted post-2015 (and not then transferred) 

The department has written to  holders of mineral claims that were granted under an invalid process after 1 January 2015 and have not been transferred to another holder. Obtaining a valid mineral claim over these claim areas requires redetermination of the original application. Please follow any requests for further information, or make payments of any feed following notice of proposed decision promptly to enable redetermination of your mineral claim application.

Worked example

To help miners complete the forms, the department has prepared a worked example of LR2Bv as a guide about what information needs to be included. 

LR2Bv worked example image
 

If you have questions, please contact the Small-Scale Titles project team for assistance.

Validation program information for pre-2015 mineral claim holders 

The department will contact mineral claim holders of claims that were granted before 1 January 2015 and, then renewed after this date, in stages. The department has approached mineral claim holders in a staged approach. The department will contact further claim holders in due course. Some holders may have yet to be contacted to complete the necessary steps. If you have any questions, please email sstproject@regional.nsw.gov.au or call 02 4063 6900. Obtaining a valid minerals claim over these claim areas requires the determination of the original renewal application. To facilitate this, the holder must follow the process outlined in the fact sheet below, with supporting notices and forms also listed.

Please note: These forms for validation may be lodged in person at the Lightning Ridge office, by fax, post or returned by email. Future applications for renewal MUST be lodged as per requirements of the Mining Act 1992, being in person at the Lightning Ridge office, by fax or by post.

Worked examples

To help miners complete the forms, the department has prepared a worked example of the form below as a guide about what information needs to be included. (Click under each image to see a filled example of each form)

Worked example of form LR6Bv

 

Form LR6Bv worked example (PDF, 239.72 KB)

If you have questions, please contact the Small-Scale Titles project team for assistance or visit the team at the pop-up booth.

Landholder information 

The department is committed to supporting landholders to understand their statutory rights and obligations as they relate to opal mining. Landholders can give consent to share their contact details with the department to support the effective service of notices for opal mining.

Landholders can complete this form to provide their contact details to the department, and to provide consent for the department to release their details to persons applying for a mineral claim under the Mining Act 1992.

The obligations for miners to serve notices on landholders is outlined in this fact sheet:

Landholders should directly contact and our Small-Scale Titles project team at any time when they require information or assistance.  

The department will not be seeking any return of landholder compensation already paid for invalidly granted or renewed mineral claims. Landholders may receive additional amounts paid to account for CPI adjustments payable at the time of redetermination.

Frequently asked questions about the validation program

1. Who do I contact for help to complete notifications and applications? 

The Small-Scale Titles project team are a dedicated team established to help miners and landholders through the validation process. Contact the Small-Scale Titles project team by: 

2. Why do I need to do this additional process for my mineral claim? 

You need a valid authorisation to prospect or mine for opal or carry out any designated ancillary mining activity in NSW. A department review of previous administrative processes has identified issues with how 2015 legislative reforms were applied to mineral claim applications. As a result, decisions for the grant, transfer and renewal of some mineral claims since this time were invalid. This results in the original application made after 1 January 2015 remaining on-foot and requiring redetermination. 

A valid title will recognise and protect the interests of all affected parties.  

3. Do I need to stop mining on my mineral claim? 

No. Since the Mining Amendment (Mineral Claims - Opals) Act 2023 came into law, your mineral claim has been considered valid, along with all requirements to comply with the conditions of your claim. You still may be required to complete necessary steps to have your mineral claim redetermined as directed by the department, but you may mine your mineral claim.

4. How long do I have to lodge my completed application? 

When you are written to by the department, reasonable timeframes will be outlined for you to complete the required steps. The sooner all required documents are lodged with the department, the sooner your mineral claim can be determined.

All of the timeframes relevant to you will be set out in the correspondence sent to you by the department. If you do not complete the necessary steps by the due dates, your application may be rejected and your mineral claim refused. The department will take all possible steps to ensure you are aware of the requirements. You should contact us for assistance if you are not sure what you need to do. 

5. Do I need to make an application to renew my mineral claim?

If your mineral claim has already been validated, or if it was granted after 13 February 2023, you must make an application for renewal of your mineral claim prior to expiry. If your mineral claim is yet to be validated, you do not have to lodge a renewal while the application remains pending. 

If you are required to lodge an application for renewal, current legislation requires you to lodge your renewal in person at the Lightning Ridge Office, by post or by fax. You cannot lodge an application for renewal by email. 

If you are unsure, please contact the Small-Scale Titles Project Team on 02 4063 6900 or sstproject@regional.nsw.gov.au and they will provide confirmation. 

6. How long will it take to get my mineral claim redetermined?  

The department has established a dedicated project team to prioritise redetermination of applications. The department will focus on validating post-2015 mineral claims granted under invalid processes as the highest priority. This will also provide certainty to landholders about the status of mineral claims on their properties as soon as possible. 

It is expected that some mineral claims will be able to be reissued within weeks, some may be more complex and will take longer. The sooner required notifications and forms are lodged to the Small-Scale Titles project team, the sooner your application can be processed. 

Please note that once assessed, you will receive a notice of proposed decision which will include a proposed term ending date and a copy of your conditions as well as required fees to be paid to enable redetermination. These fees should be paid as soon as possible to enable a timely processing time. 

7. Will I be required to pay further fees and levies? 

Following assessment, when you are issued a notice of proposed decision, the department will outline any required fees or levies that are required to be paid. Depending on the proposed term ending date and the previous purported expiry, this may include a small amount to cover any CPI increase in the standard landholder compensation that was collected previously, as well as landholder compensation, administration, road, mullock and environmental levies, or renewal fee per year of tenure for future term periods. 

8. What if I no longer want to keep my mineral claim? 

In the first instance, you are advised to contact the Small-Scale Titles project team to discuss your options.

You will need to advise the department in writing that you no longer want to keep your mineral claim and withdraw your application. A withdrawal notice takes effect immediately and is irrevocable.

You will have to complete an application for cancellation to provide evidence of satisfactory rehabilitation of your mineral claim area prior to return of any security. Please note that the Resources Regulator may perform inspections of your claim area and issue directions to complete rehabilitation where required. 

Contact the Small-Scale Titles project team to discuss your options or to submit a withdrawal notice:

9. Is there any reason why my mineral claim application won’t be able to be reissued? 

Each application will be determined on its merits in accordance with the provisions of the Mining Act 1992. Should your application not meet those requirements it may be refused following notice of any proposed decision to refuse and allowing you to provide any reasoning or further information as to why your application should not be refused (procedural fairness).

10. How can I lodge my validation paperwork?

For validation purposes, as the application is already taken to be made, you may lodge the required paperwork for validation either in person at  the Lightning Ridge office, by fax, post, or, preferred where possible, by email. Where lodged by email, faster service can be provided as there is not a reliance on postal services.

Please note, that business-as-usual applications for grant for mineral claims in Lightning Ridge must be lodged in person at the Lightning Ridge office, and other applications, such as renewal, must be lodged either in person, by fax, or by post.

11. Can I transfer my invalid post-2015 claim to another person?

No.

You will be required to go through the relevant process for post-2015 mineral claim holders, and once the title is reissued in your name, you can process to transfer the mineral claim to another holder at that point. Alternatively, the proposed transferee may make a new application over the claim area which may, with your consent, be granted should it meet the relevant requirements of the Mining Act 1992 and no earlier application be pended over the same area. 

Contact the Small-Scale Titles project team if you need further information about this process:

Information for new mineral claim applications

How to obtain a mineral claim

The fact sheet below outlines the process on how to apply for a mineral claim in the Lightning Ridge Mineral Claims District. 

In addition, for registration of mineral claims within OPA 4 (PDF, 128.94 KB) or on the property ‘Wyoming’, you are also required to:

  • Attend the Environmental Awareness Courses

It should be noted that a mineral claim applications must be completed correctly. Failure to do so may prevent the registration of the desired claim and give precedence to other applicants with correctly completed applications who are competing for the same mineral claim area.

Attend mining courses

While a title may be granted or transferred upon application, any new miners intending to operate a mineral claim must attend the  Safety Awareness Course before any activities are performed on the mineral claim area.

In addition, the Environmental Awareness Course must be completed, prior to being granted or transferred a claim in Opal Prospecting Area 4 (PDF, 128.94 KB) or on the property 'Wyoming'.

It is now a requirement to nominate a qualified mine operator for all mineral claims.

Decide on the mineral claim types

Several different forms of mineral claims are available (PDF, 1.56 MB). Some allow mining and others allow purposes in connection with mining such as for puddling and for residential purposes. Generally a person can hold no more than 2 claims at any one time.

Choose mineral claim areas

The department's Lightning Ridge Office has maps that show the areas of all mineral claims that are in force over the opal fields. You should choose an area that is free of any existing claim/s and where there are no restrictions on mineral claims being granted. In some areas mineral claims are not permitted whereas in others they may be permitted with consent. This particularly applies to areas that are affected by landholder improvements. The department's Lightning Ridge Office will advise you on these aspects.

Size and shape of mineral claims

The conditions of the Lightning Ridge Mineral Claims District specify the shape and size of mineral claims that may be granted within the area. These conditions are detailed below:

  • The area of land granted under a mineral claim must be square in shape no greater than 50 metres by 50 metres except where the external boundaries of the land available for grant make such a shape impractical in which case the maximum area must not exceed 2,500 square metres.
  • A mineral claim exceeding 2,500 square metres, but no greater than two hectares, may be granted, in accordance with policy, to a person who was, at the time of lodgement of the application for the mineral claim, the holder of a three (3) month Opal Prospecting Licence over the land. (This claim is called a Reward claim)
  • If a person demonstrates to the satisfaction of the Secretary that 'opal puddling' is an appropriate mining purpose in respect of a particular area a mineral claim of a size no greater than 2 hectares may be granted.

Mark out mineral claim areas

Prior to lodging your application for a mineral claim the area required must be marked out so that the boundaries and location of the area are known. The requirements for marking out an area are:

  • A post or steel star picket must be fixed firmly in the ground at each point where the boundaries of the proposed claim change direction and must project at least one metre above the surface.
  • Trenches must be cut at each post/star picket to indicate the general direction of the boundary lines of the proposed claim. These trenches must be at least 150 millimetres in depth and extend along the boundaries for a distance of at least 1 metre.
  • If it is not practical to cut trenches because of the nature of the ground, stone walls at least 150 millimetres in height and extending for a distance of at least 1 metre from the post or picket may be erected.
  • A completed mark out notice must be attached to the post or picket on the northernmost corner of the proposed claim, or if there are 2 or more of these, the easternmost of them, using a board or plate (made of wood or metal) as a base.

Supplies of mark-out notices (PDF, 55 KB) (see below) are available from the department's Lightning Ridge Office.

IMPORTANT: The words MINERAL CLAIM must be in block letters prominently displayed at the head of the notice.

Mineral claim

If the area of the proposed mineral claim is not marked out correctly, your applications for a claim may be refused by the department.

If there has been a complaint made that a mineral claim is not correctly marked out, the claim holder may be required to attend the Land and Environment Court and explain to the court why they did not comply with the mark out provisions. It may be that the application for the claim could be refused or alternatively the grant voided or the claim may be cancelled.

In addition, an applicant for a mineral claim must provide a survey plan or map of the area marked out complete with measurements and bearings and distances so that the area can be accurately included in the department's records.

Survey measurements - bearings and distances

The main opal fields have survey marks placed on them to assist people to accurately measure (by bearings and distances) the location of their claims from these survey marks. This can be done using a compass and tape. The survey marks are tagged with metal identification numbers.

If you are not aware of the one nearest to your area of interest, contact the department's Lightning Ridge Office, who will provide a copy of the relevant plan showing the location of survey marks.

It is essential to have access to at least one mark when locating a claim. It is preferable to have two survey marks, one either side of the claim.  It is also desirable to indicate the property name on the survey to assist in locating the application area.  View a survey example (PDF, 55 KB).

IMPORTANT:

  • Under no circumstances should you step out your proposed claim or guess the bearings of the claim.
  • When using a compass you need to be aware of any metal objects either close by or on your person. You should stand at least 2 metres back from the post/picket or survey peg when taking a bearing.

Notice to landholders

Lodging mineral claims

For information on how to lodge a new mineral claim application, please review this fact sheet.

Granting mineral claims

The department, in granting the mineral claim, will give you a certificate that contains the number of the mineral claim and its terms and conditions.

In addition, the department will require you to:

  1. Pay the security deposit of $700 (some claims require higher security), to ensure that your obligations (including rehabilitation) under the claim are fulfilled.
  2. Pay the remaining fees and charges (Lodgement fee) 

How to apply for a mineral claim in the White Cliffs Mineral Claims District

To apply for a mineral claim in the White Cliffs Mineral Claims District, you must follow the process outlines in the fact sheet below and complete the forms below:

Fact sheets:

Forms:

If you have questions about the grant process, please contact our team for assistance on:  

Phone: +61 (0)2 6820 5200
Fax: +61 (0)2 6829 0825
Email: whitecliffs@regional.nsw.gov.au
Postal: NSW Resources, Department of Primary Industries and Regional Development, PO Box 314 Lightning Ridge NSW 2834
Office: 41 Opal Street Lightning Ridge NSW 2834

Renewal of mineral claims

How to renew a mineral claim in the Lightning Ridge Mineral Claims District

Miners can apply to renew a mineral claim up to two months prior to the day the mineral claim expires. The department cannot accept renewal applications for claims that have expired.

Under the Act, a renewal application can only be lodged by mail, fax, or in person with the department (note – applications by email cannot be accepted).

Miners must give landholders notice of their intention to renew their mineral claim. This is an essential step to ensure the mineral claim is eligible to be renewed by the department.

To apply to renew a mineral claim, the holder must follow the process outlined in the factsheet below and complete the forms listed below. 

Fact sheets

Forms

If you have questions about the renewals process, please contact out team for assistance on:

Phone: +61 (0)2 6820 5200
Fax: +61 (0)2 6829 0825
Email: lightningridge.office@regional.nsw.gov.au
Postal: NSW Resources, Department of Primary Industries and Regional Development, PO Box 314 Lightning Ridge NSW 2834
Office: 41 Opal Street Lightning Ridge NSW 2834

Granting renewals

After you have lodged your application by mail, fax, or in person, the department will review the documents you provided. The department requires the payment of the renewal fee at time of application and will make contact as required to arrange this payment. The department will evaluate your application to decide whether they will approve or reject the renewal. If they require additional details, the department will ask you for more information to back up your application.

The department will examine the documentation you submitted and consider whether to renew your mineral claim. As part of this evaluation process, they will send you a notice explaining their intended decision (Notice of Proposed Decision) regarding the renewal or non-renewal of your mineral claim.

Renewal

If the department intends to extend the mineral claim, they will send the holder a draft version of the mineral claim certificate, with terms and conditions, and information about remaining levies and landholder compensation payments that must be paid before determination.

On payment of the remaining amounts, the department will provide the final mineral claim certificate to the holder.

It is the responsibility of the holder to know and follow the conditions outlined in the mineral claim, which includes being aware of the expiry date. Not following the conditions of the mineral claim could lead to penalties or the cancellation of the mineral claim.

Non-renewal

The department will not renew a claim if:

  1. the application for renewal is lodged after the expiry date of the claim.
  2. there is a proposal to cancel the claim;
  3. the provisions of the Mining Act 1992 or the Work Health and Safety (Mines and Petroleum Sites) Act 2013 have not been complied with; or
  4. It has come to the attention of the Secretary that there has been a breach of the conditions of the claim, which warrants refusal of the renewal application.

Breaches may include;

  •  that the area is not safe
  • building guidelines have not been met
  • more than one dog is being kept on the claim area.

If the department proposes to refuse a renewal application, it will give the holder a notice outlining the proposed decision. The holder will have 21 days to respond. The holder can respond with reasons why the renewal application should not be refused and any response will be considered prior to a final decision being made.