• Opal Info
• Opal Classification
• Opal Treatments
• Opal Books
• Opal History
• Opal Glossary
• Opal Photos
• Technical Info
• Opal Care
• Opal Mysteries
• Buying Opals
• Modern Opal Miners
• Cutting and Polishing Opals
• Processing Opals
• Finding Opals
• Opal Field Theory
• How Do I Mine Opals?
• Halleys Comet Opal
• Opal Regulations

MINERAL CLAIM

 

MINING ACT 1992

 

NAME:

 

ADDRESS:

 

DATE & TIME OF MARK OUT:                                           AT                   A.M./P.M.

 

DIMENSIONS OF THE LAND:

 

 

CLAIM NUMBER:

 

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

 

IF THE AREA OF THE PROPOSED MINERAL CLAIM IS NOT MARKED OUT CORRECTLY YOUR APPLICATION FOR A CLAIM MAY BE REFUSED BY THE MINING REGISTRAR.

 

If there has been a complaint made that a mineral claim is not correctly marked out the claim holder has 28 days to correctly mark out the claim and rectify the situation. If this does not occur 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 Mining Registrar’s records.

 

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 and if you are not aware of the one nearest to your area of interest please contact the Mining Registrar 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.

 

Within 12 months of lodging a new mineral claim the Department will accurately survey the claim.

 

NOTICE TO LANDHOLDERS

 

You must serve notice of your intention to apply for a claim on all affected landholders. The definition of "landholder" in the Mining Act, 1992 includes freehold owners; holders of Western Lands Leases and native title holders.

 

Notice can be served in one of two ways:-

 

(i)         by personally handing the landholder a letter of your intention to apply for the claim and a copy of the survey plan or map: or

 

(ii)        by posting a letter and a copy of the survey plan or map to the landholder.

 

The Commonwealth Native Title Act 1993 (CNTA) does not apply to the Lightning Ridge Opal Field because it has been declared under section 26C of the CNTA as an “approved opal and gem mining area”. This means that while a number of standard requirements are met, mineral claim applicants do not have to undertake any section 29 procedures of the CNTA.

 

LODGEMENT OF MINERAL CLAIM APPLICATION

 

The following must be lodged personally with the Mining Registrar:

 

¨      Application form (obtainable from the Mining Registrar’s office).

 

¨      A survey plan or map which clearly identifies the land (the distance and bearing of each side of the area and a connection, by distance and bearing, to a survey mark must be shown).

 

¨      A copy of each notice served on the landholders together with a statutory declaration that such notices were served.

 

¨      Identification such as a driver’s licence to confirm who you are.

 

¨      The lodgement fee.

 

GRANT OF A MINERAL CLAIM

 

If all of the necessary requirements are complied with and there is no reason why the mineral claim should not be granted over the area a mineral claim will be granted.

 

The Mining Registrar 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 Mining Registrar will require you to:

 

·        sign the certificate accepting the terms and conditions of the claim.

 

·        pay the security deposit, usually set at $250.00, to ensure that your obligations (including rehabilitation) under the claim are fulfilled.

 

pay an amount that will be placed into a landholder compensation fund and used to compensate landholders whose land is affected by opal mining.

 

CONDITIONS

 

The Mining Act provides for the creation of Mineral Claim Districts. Special conditions approved by the Minister and advertised in the Government Gazette apply to mineral claims granted over land within a district.

 

The special conditions cover policy issues such as the shape and size of claims; the maximum number of claims that may be held; the term of the claim etc.

 

The Lightning Ridge Mineral Claim District has been created over the Opal Fields.

 

Mineral claims also are granted subject to specific conditions addressing issues such as mine safety, rehabilitation, dogs, buildings etc.

 

Information about the special and specific conditions may be obtained from the Department’s Office.

 

 It is the responsibility of the claim holder to be aware of and to comply with the conditions of the claim.

 

A breach of conditions can lead to:

 

(a)   the holder of the claim being directed to fix the problem

(b)   and/or a fine being imposed

(c)   and/or cancellation of the claim.

 

The procedure for dealing with breaches of conditions – highlighted by a member of the public or a Departmental officer - is in the section Cancellation of Claims.

 

Conditions that require some explanation:

 

Effectively Worked

One of the main conditions of a mineral claim is that the claim must be effectively worked to the satisfaction of the Mining Registrar. Any such determination to the contrary will be reviewed by a senior officer at the Head Office of the Department of Mineral Resources. Failure to effectively work the mineral claim could lead to the cancellation of the claim. 

 

For a claim to be effectively worked it must be actually operated as a claim and that means that there must be some work done for the purpose of extracting opal or for the purpose of finding opal.

 

There must not be any significant or substantial cessation of operations unless there has been an approved suspension of conditions approved by the Mining Registrar.

 

The decision as to whether or not a claim has is being effectively worked will be a practical one and will be based on, amongst other factors:

 

-          the type of equipment used

-          the intentions of the claim holder

-          the scale of the operation and residential status of the claim holder.

 

The intention of this condition is to ensure that areas of land are not sterilised by claim holders without being worked.

 

Rehabilitation

A number of the conditions also require that the mineral claim area should be rehabilitated upon the expiry or cancellation of the claim. The rehabilitation requirements vary depended on whether or not the claim is located in a new or preserved opal field. Guidelines on rehabilitation requirements are available from the Departments office – see “Rehabilitation Standards for Cancelled Claims”.

             

Safety Conditions

The conditions require that the claim holder comply with safety provisions contained in the Mines Inspection Act 1901 and its Regulations and conduct operations in a manner that does not endanger the safety of any person. Guidelines for complying with these safety conditions are available from the Departments office.

 

Dogs on Claims

Due to the dual land use that occurs in the area, with farmers and miners, the Department of Mineral Resources places a high level of importance on the observance of the specific mineral claim condition. Some claims do not allow the claimholder to have a dog on the claim (refer to the claim conditions for details). Dog attacks on stock are of the utmost concern to the Landholder, the Department and the Mining Industry.

 

Council Rates

It is a condition of all camp mineral claims that they must pay to Walgett Council any fees, rates or charges as the Council may determine from time to time. The Mining Registrar can request proof of payment at any time. Non-payment of Council fees, rates or charges is a breach of conditions and can lead to the cancellation of the claim.

 

PROCEDURE FOR THE RENEWAL OF MINERAL CLAIMS

WITHIN THE LIGHTNING RIDGE MINING DIVISION

 

 

LODGEMENT OF RENEWAL APPLICATION

 

Application for the renewal of a mineral claim can be lodged by mail, facsimile or in person with the Mining Registrar on or within 2 months before the day on which the claim is due to expire.

 

To renew your claim the following must be lodged with the Mining Registrar:

 

¨      Application form (obtainable from the Mining Registrar’s office).

 

¨      The lodgment fee.

 

¨      Landholder compensation.

 

RENEWAL

 

Upon renewal an Instrument of Renewal will be given to you detailing the terms and conditions of the renewal. You will be required to sign this Instrument in person at the Lightning Ridge Office to indicate your acceptance of the terms and conditions of the renewal.

 

If there are difficulties in attending the Office arrangements should be made with the Mining Registrar to attend the Office at an alternative mutually acceptable time.

 

It is your responsibility to be aware of and to comply with the conditions of your claim. Failure to do so may result in fines being imposed or in the cancellation of your claim.

 

NON-RENEWAL OF A MINERAL CLAIM

 

The Mining Registrar will not renew a claim if:

 

1.         the application for renewal is lodged after the expiry date of the claim.

 

2.         (i)         there is a proposal to cancel the claim;

(ii)        the provisions of the Mining Act or Mines Inspection Act have not been complied with; or

(iii)       where it has come to the attention of the Mining Registrar 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; etc.

 

If the Mining Registrar proposes to refuse an application for renewal he will serve on the holder a notice of his intention to do so indicating the grounds of the proposed refusal. A holder served with such a notice may within twenty one (21) days of the date of the notice make representations to the Mining Registrar as to why the application should not be refused.

 

Before any final decision is made these representations will also be reviewed by a senior officer of the Department in the Sydney Head Office.

 

FURTHER ENQUIRIES

 

At the end of each month the Mining Registrar can prepare a list of all mineral claims not renewed in the previous  month. This list will be available to the public.

 

If you have any questions concerning the renewal of mineral claims please contact the Mining Registrar’s office.

 

TRANSFER OF A MINERAL CLAIM

(OTHER THAN A CAMP CLAIM)

 

 

CHECK CLAIM DETAILS

 

Before agreeing to purchase a mineral claim, it is suggested that you check the details of the claim with the Mining Registrar. The Mining Registrar can provide you with the following information:-

 

¨      the name of the claim holder;

¨      the expiry date of the claim;

¨      the location of the claim; and

¨      any outstanding matter with the claim, that needs to be fixed before any consideration could be given to transferring the claim.

 

LODGEMENT OF TRANSFER APPLICATION

 

The following must be lodged personally with the Mining Registrar by the person acquiring the claim:-

 

¨      Application form (obtainable from the Mining Registrar’s office) which must be signed by both parties., the transferor and the transferee.

¨      A copy of each notice served by the holder of the mineral claim on the landholders (as mentioned on the application form).

¨      Identification such as a driver’s licence to confirm who you are.

¨      The lodgement fee.

 

MINING COURSE

 

Newcomers intending to acquire a mineral claim must attend a “Mining Course” prior to a claim being granted or transferred to them. To check if this applies to you contact the Mining Registrar’s office.

 

COSTS ASSOCIATED WITH THE TRANSFER OF A MINERAL CLAIM

 

¨      A lodgement fee of $85.00.

¨      Stamp Duty payable at a rate of $12.50 per $1,000 of the purchase price. If there was no purchase price you will be charged $2 stamp duty.

¨      A security deposit, usually set at $250.00, to ensure that your obligations (including rehabilitation) under the claim are fulfilled.

 

TRANSFER OF MINERAL CLAIM

 

The Mining Registrar upon transferring a mineral claim to you will ask you to sign the claim conditions to agree to comply with their requirements. As the holder of a mineral claim it is your responsibility to:-

 

à        be aware of and to comply with the conditions of your claim; and

à        properly maintain the marks defining the claim area.

 

Failure to do so may result in fines being imposed or in the cancellation of your claim.

 

CLAIM RENEWAL

 

Please note that the transfer of a mineral claim does not change the expiry date of the claim. If you want to continue to hold the claim you must apply for renewal at the appropriate time. Therefore, you should keep the expiry date in mind. A renewal application must be lodged on or within 2 months before the day on which the claim is due to expire.

 

FURTHER ENQUIRIES

 

If you have any questions concerning the transfer of mineral claims please contact the Mining Registrar’s office.

 

TRANSFER OF A CAMP MINERAL CLAIM

 

 

CHECK CLAIM DETAILS

 

Before agreeing to purchase a camp mineral claim, it is suggested that you check the details of the claim with the Mining Registrar. The Mining Registrar can provide you with the following information:-

 

¨      the name of the claim holder;

¨      the expiry date of the claim;

¨      the location of the claim;

¨      whether the claim is recorded as a camp claim;

¨      whether structures on the claim area have been approved by the Mining Registrar; and

¨      any outstanding matter with the claim, that needs to be fixed before any consideration could be given to transferring the claim.

 

LODGEMENT OF TRANSFER APPLICATION

 

The following must be lodged personally with the Mining Registrar by the person acquiring the claim:-

 

¨      Application form (obtainable from the Mining Registrar’s office) which must be signed by both parties., the transferor and the transferee.

¨      A copy of each notice served by the holder of the mineral claim on the landholders (as mentioned on the application form).

¨      Identification such as a driver’s licence to confirm who you are.

¨      The lodgement fee.

 

MINING COURSE

 

Newcomers intending to acquire a mineral claim who do not hold another claim must attend a “Mining Course” prior to a claim being granted or transferred to them. To check if this applies to you contact the Mining Registrar’s office.

 

COSTS ASSOCIATED WITH THE TRANSFER OF A CAMP MINERAL CLAIM

 

¨      A lodgement fee of $85.00.

¨      Stamp Duty payable at a rate of $12.50 per $1,000 of the purchase price. If there was no purchase price you will be charged $2 stamp duty.

¨      A security deposit, usually set at $200.00, to ensure that your obligations (including rehabilitation) under the claim are fulfilled.

 

TRANSFER OF CAMP MINERAL CLAIM

 

The Mining Registrar upon transferring a mineral claim to you will ask you to sign the claim conditions to agree to comply with their requirements. As the holder of a mineral claim it is your responsibility to:-

 

à        be aware of and to comply with the conditions of your claim; and

à        properly maintain the marks defining the claim area.

 

Failure to do so may result in fines being imposed or in the cancellation of your claim.

 

RATES TO WALGETT SHIRE COUNCIL

 

Following transfer of the claim, you should notify the Walgett Shire Council in writing that you are now the holder of the claim. As the holder of a camp mineral claim you are required to pay Council rates.

 

BUILDINGS AND FENCES

 

You must have written approval from the Mining Registrar before you commence to build a structure or fence on the claim area. A Building Approval form must be completed and lodged with the Mining Registrar to obtain the necessary approval. Walgett Shire Council has a “Local Approvals Policy” dealing with the erection of buildings and other structures. These apply to camps on claims. If you are not aware of these please contact the Council. Also the publication “Camps in the Opal Fields of Lightning Ridge” available from the Council and the Mining Registrar’s office is very useful.

 

CLAIM RENEWAL

 

Please note that the transfer of a camp mineral claim does not change the expiry date of the claim. If you want to continue to hold the claim you must apply for renewal at the appropriate time. Therefore, you should keep the expiry date in mind. A renewal application must be lodged on or within 2 months before the day on which the claim is due to expire.

 

FURTHER ENQUIRIES

 

If you have any questions concerning camp mineral claims please contact the Mining Registrar’s office.

 

CANCELLATION OF MINERAL CLAIMS

 

THE LEGISLATION

 

The Mining Act 1992 provides that a mineral claim may be cancelled for any of the following grounds:-

 

¨      if the holder contravenes any condition of the claim.

¨      if the holder contravenes any provision of the Mining Act or the Regulations.

¨      if the holder fails to pay the necessary compensation.

¨      if the holder is convicted of “Ratting”.

 

¨      at the written request of the holder.

¨      if the land is determined to be agricultural land.

¨      if the land is required for a public purpose.

¨      if ordered to do so by a Warden’s Court.

 

The Mining Registrar must serve a written notice on the holder of the claim if he proposes to cancel a claim on any of the first four grounds listed above. The notice must state the grounds of the proposed cancellation and give the holder a reasonable opportunity to make representations as to why the claim should not be cancelled.

 

* It should be noted that if the holder of the claim has another party working the claim for them it is their responsibility to inform the party working the claim of any notice of contravention that could lead to a cancellation of the claim and to ensure that the situation is rectified. 

 

These representations will also be considered by a senior officer in the Sydney Head Office of the Department of Mineral Resources prior to a final determination being made.

 

If a claim is cancelled the holder may, within 14 days after written notice of the decision is served, apply to a Warden’s Court for a review of the decision.

 

OBSERVANCE OF CLAIM CONDITIONS

 

It is the responsibility of a mineral claim holder to be aware of and to comply with the conditions of his or her claim. A breach of conditions can lead to:-

 

à        the holder being directed to fix the problem;

à        a fine being imposed; or

à        the claim being cancelled.

 

COMPLAINTS OR REPORTS THAT CONDITIONS ARE NOT BEING OBSERVED.

 

BY THE PUBLIC

 

Complaints from members of the public that the conditions of a mineral claim are not being observed are dealt with in the following manner:-

 

1.         the claim is inspected and any breach verified by an officer of the Department of Mineral Resources.

 

2.         if the inspection supports the complaint the holder is informed that it is proposed to cancel the claim and given a period of 21 days in which to make representations as to why the claim should not be cancelled.

 

3.         any representations made by the holder are given due consideration by the Mining Registrar and a senior officer from the Sydney Head Office before making a decision as to whether or not to cancel the claim.

 

4.         the holder is notified in writing by the Mining Registrar of the decision.

 

If the decision is to cancel the claim, the holder is informed of the right to apply to the Warden’s Court for a review of the decision.

 

BY DEPARTMENTAL OFFICERS

 

The Lightning Ridge office of the Department of Mineral Resources has a total of 7 staff members, including 2 field officers, who administer some 6000 mineral claims.

 

The Department therefore does not have sufficient resources to conduct systematic regular inspections of claims. However, where an officer observes breaches of the conditions of a mineral claim the matter is dealt with in the following manner:-

 

1.         the holder is informed of the breach and advised to fix the problem within a reasonable period. If the problem is not fixed then cancellation action may be commenced.

 

2.         if cancellation is commenced, the holder is informed that it is proposed to cancel the claim and given a period of 21 days in which to make representations as to why the claim should not be cancelled.

 

3.         any representations made by the holder are given due consideration by the Mining Registrar and a senior officer from the Sydney Head Office prior to a final determination being made.

 

4.         the holder is notified in writing of the decision of the Mining Registrar.

 

If the decision is to cancel the claim, the holder is informed of the right to apply to the Warden’s Court for a review of the decision.

 

Some breaches of claim conditions are fixable and need not lead to the cancellation of a claim. However, for others such as the working requirement, “Ratting”, breaching the building guidelines or repeated breaches relating to dogs cancellation may be inevitable.

 

REVIEW OF CANCELLATION BY THE WARDEN’S COURT

 

If you apply for a review of the decision to cancel your claim the matter will be heard by the Chief Mining Warden. The Warden is a Magistrate independent from the Department of Mineral Resources.

 

An application for review must be filed in a Warden’s Court within 14 days after written notice of the decision to cancel the claim is served on the holder. Application must be made on the appropriate form (obtainable from the Mining Registrar’s office) and a filing fee of $130 applies.

 

A hearing will be arranged by the Registrar of the Warden’s Court at which you would be able to give evidence and produce witnesses to substantiate your case.

 

An application for review does not automatically stop or overturn the decision to cancel the claim. The Warden, however, in reaching a decision may decide to overturn the original decision and reinstate the claim.

 

In July each year the Mining Registrar will prepare a list of all mineral claims cancelled in the previous 12 months, together with the reason for cancellation. This list will be available to the public.

 

INFORMATION AVAILABLE FOR INSPECTION FREE OF CHARGE

 

The following computer or written records are available, for inspection, free of charge, by members of the public during office hours:-

 

·        a record of every application for a mineral claim that has been received by the mining registrar. The details available are -

 

à        the name and address of the applicant;

à        the location of the claim area as it appears on the Department’s maps;

à        the size of the area; and

à        the minerals or purposes applied for.

 

·        a record of every mineral claim granted by the mining registrar. The details available are -

 

à        the name and address of the holder;

à        the date of grant;

à        the expiry date;

à        the location of the claim area as it appears on the Department’s maps;

à        the size of the area; and

à        the minerals that may be mined or the purposes that may be carried out on the area.

 

·        a record of every mineral claim renewed by the mining registrar. The details available are -

 

à        the name and address of the holder;

à        the new expiry date;

à        the location of the claim area as it appears on the Department’s maps;

à        the size of the area; and

à        the minerals that may be mined or the purposes that may be carried out on the area.

 

·        a record of every mineral claim transferred by the mining registrar. The details available are -

 

à        the name and address of the new holder.

 

·        a record of every mineral claim cancelled by the mining registrar. The detail available is -

 

à        the date of cancellation.

 

Files maintained by the Mining Registrar and documents lodged by applicants; holders; landholders or members of the public are not available for inspection.