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PERTH (mininweekly.com) – New South Wales Minister for Natural Resources Courtney Houssos has introduced an amendment to the Mining Bill to Parliament to address issues regarding the invalidity of mineral claims associated with opal mining.
The Mining Amendment (Mineral Claim – Opals) Bill addresses a failure to comply with Section 266(4) of the Mining Act 1992, and retrospectively validates opal mineral claims in the Lightning Ridge and White Cliffs areas issued between January 2015 and February 2023.
Changes to the Mining Act were required following a Department of Regional New South Wales review of administrative processes. The review uncovered 3 343 minerals claims impacted by invalid decisions, including 1 230 invalidly granted licences to 827 opal miners in Lightning Ridge and 31 opal miners in White Cliffs.
In June, Houssos met with opal miners in Lightning Ridge and announced a comprehensive refund scheme covering administrative fees and levies.
To date, A$548 000 has been refunded to opal miners, and 688 mineral claims have been redetermined by staff from the Department of Regional New South Wales.
The Bill introduced today reinstates the previous understanding of all affected parties that the mineral claims were valid and remedies potential legal consequences associated with affected mineral claims.
The introduction of the Bill will complement the administrative validation programme which is currently being delivered by the Department of Regional New South Wales.
The Bill protects miners and landholders by ensuring that the conditions of the affected mineral claims can be enforced, including rehabilitation requirements, and that compliance action can still be undertaken. This will allow the department to ensure appropriate remediation occurs.
The Bill also ensures that money collected in relation to affected mineral claims is valid. This includes money paid to landholders as compensation under the Mining Act and fees, levies and duties, and that a person who had a mineral claim transferred or devolved to them is not unduly disadvantaged.
Houssos has previously announced a review into the current statutory framework for administration and regulation of small-scale opal titles. It will provide independent analysis and make recommendations about the future of the industry, including proposed legislative and policy reform. Further details on the review will be released by the end of the year, the Minister said on Friday.
Some affected mineral claims holders will still be encouraged to have their claims redetermined by the Department to ensure all records and conditions are current and fit for purpose.
Minerals claims in some areas of White Cliffs will require further action regarding native title before they are resolved.