What it does
The Opal Mining Act 1995 establishes a specialised statutory framework for the prospecting and mining of opal and other declared precious stones in South Australia, operating in parallel with but distinct from the general Mining Act 1971. At its core, the Act creates a two-tiered rights system. First, a precious stones prospecting permit issued under s 7 authorises the holder to prospect (defined in s 3 as exploration that does not involve declared equipment or explosives) and to peg out an area for a tenement. Second, once an area is pegged, the holder may apply under s 19 for registration of either a precious stones claim or an opal development lease. Registration confers exclusive rights to conduct mining operations and to sell the stones recovered (s 23).
The Act empowers the Governor to declare precious stones fields by proclamation (s 4) and the Minister to designate areas or exclusion zones within those fields (s 5). Land outside fields is subject to a detailed exempt-land regime in s 6 that prohibits prospecting or tenement registration near houses, commercial buildings, crops, parks, churches and other sensitive sites unless the owner waives the exemption by agreement or court order. Pegging must comply with dimensional requirements prescribed by regulation (s 12) and cannot overlap existing peggings or tenements except in narrowly defined circumstances (s 11(7)–(10)). Special spatial rules apply inside major working areas at Coober Pedy (s 13) and on the Mintabie precious stones field (ss 10A, 18A, 18B, 19A).
Entry onto land is strictly controlled. Outside precious stones fields a prescribed notice of entry must be served 21 days in advance (s 32). Owners may object to the Warden's Court or ERD Court, which can prohibit entry or impose conditions if substantial hardship or damage is likely (s 32(6)). Use of declared equipment (trench diggers, excavators with buckets wider than 750 mm, tunnelling machines and prescribed items) is prohibited outside fields without Director authorisation and additional notice (s 34). Rehabilitation is mandatory; authorised persons may issue notices under s 35 requiring filling, contouring and revegetation, with bonds required for land outside fields (s 36). Failure to rehabilitate can lead to forfeiture of the bond, cost recovery as a debt, and prohibition on further pegging.