1See especially section 11.

1 See especially section 11. 10A—Special provisions in relation to Mintabie precious stones field (1) Despite any other provision of this Act, a precious stones prospecting permit does not authorise a person to prospect for precious stones on the Mintabie precious stones field unless the permit has been endorsed by an opal mining registrar as authorising such prospecting. (2) The holder of a precious stones prospecting permit may apply for endorsement of his or her precious stones prospecting permit to authorise prospecting for precious stones on the Mintabie precious stones field. (3) An application under subsection (2)— (a) must be made in a form determined by the Director; and (b) must be accompanied by the prescribed application fee; and (c) must be accompanied by any other information that the Director may require (including, without limiting this paragraph— (i) in the case of an applicant who is of or above 18 years of age, information in relation to the criminal history of the applicant; or (ii) in the case of an applicant who is a body corporate, information in relation to the criminal history of the applicant, or a director, officer or employee of the applicant). (4) If an opal mining registrar refuses to endorse a precious stones prospecting permit under this section, the opal mining registrar must, by notice in writing, inform the applicant of that fact. (5) A precious stones prospecting permit that authorises prospecting for precious stones on the Mintabie precious stones field is subject to conditions specified by the opal mining registrar by notice in writing given to the holder of the permit. (6) A condition under subsection (5) has effect when the notice under that subsection is given to the holder of the permit. (7) A condition under subsection (5) is in addition to, and does not derogate from, any other condition or qualification applicable to a precious stones prospecting permit under this Act. (8) The holder of a precious stones prospecting permit that authorises prospecting for precious stones on the Mintabie precious stones field must not contravene or fail to comply with a condition of his or her permit. (9) An opal mining registrar must revoke an endorsement under this section if the holder of the relevant precious stones prospecting permit has been excluded from the Mintabie precious stones field under section 29H of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981. (10) An opal mining registrar may, by notice in writing, on any reasonable grounds— (a) revoke an endorsement under this section; or (b) vary the conditions of a precious stones prospecting permit that authorises prospecting for precious stones on the Mintabie precious stones field by the addition, substitution or deletion of 1 or more conditions. (11) A revocation or variation under subsection (10) has effect when the notice under that subsection is given to the holder of the permit (or on such later date as may be specified in the notice). (12) An endorsement under this section expires on the day on which the precious stones prospecting permit to which the endorsement relates expires or is renewed, whichever occurs first. (13) A holder of a precious stones prospecting permit— (a) whose application for endorsement of his or her precious stones prospecting permit under this section is refused by an opal mining registrar; or (b) who receives a notice under subsection (5) imposing a condition on the endorsement; or (c) who receives a notice under subsection (10) revoking an endorsement, or varying the conditions, of the precious stones prospecting permit, may apply to the Warden's Court to have the relevant decision or decisions of the opal mining registrar reviewed. (14) An application for review must, unless the Warden's Court allows an extension of time, be made within 28 days after the relevant notice is given to the person. (15) At the conclusion of the review, the Warden's Court may, if satisfied that there were no reasonable grounds for a particular decision, do 1 or both of the following: (a) — (i) in the case of a review of a decision of an opal mining registrar to refuse to endorse a precious stones prospecting permit under this section—quash the opal mining registrar's decision; or (ii) in the case of a review in respect of a notice under subsection (5) or (10)—cancel the revocation or the imposition or variation of the relevant condition (as the case requires); (b) remit the subject matter of the review to an opal mining registrar for reconsideration. (16) An opal mining registrar must not, in exercising a power or function under this section, act in a manner that is inconsistent with the Mintabie Township Lease Agreement. 11—Qualifications to permits (1) A precious stones prospecting permit does not authorise a person to prospect for precious stones on exempt land.1 (2) A precious stones prospecting permit does not authorise the conduct of operations that involve the disturbance of land by declared equipment or explosives, other than where explosives are used to assist in sinking a prospecting shaft. (3) A precious stones prospecting permit does not authorise the pegging out of an area for a precious stones tenement on land that has been granted in fee simple, or is subject to native title conferring an exclusive right to possession of the land, except with the written consent of the owner of the land. (4) If the holder of a precious stones prospecting permit is a corporation, the precious stones prospecting permit does not authorise the pegging out of an area for a precious stones tenement— (a) on land that is within a precious stones field unless— (i) the land is within a designated area; or (ii) the land is not within 500 metres of a registered tenement at the time of pegging;2 or (iii) the corporation was lawfully prospecting on land within the precious stones field at the time the precious stones field was declared and the pegging occurs during the course of that prospecting, or within three months of a cessation of that prospecting; or (b) on land that is within an exclusion zone. (5) A precious stones prospecting permit does not authorise the pegging out of an area for an opal development lease on land that is within a precious stones field unless— (a) the land is within a designated area; or (b) the land is not within 500 metres of a registered tenement at the time of pegging and is not over ground that has been previously disturbed by mining operations. (6) A precious stones prospecting permit does not authorise the pegging out of an area for a precious stones tenement on land that is within an opal development area under the Mining Act.3 (6a) A precious stones prospecting permit does not authorise the pegging out of an area that is not either wholly within, or wholly outside, a precious stones field. (7) A precious stones prospecting permit does not authorise the pegging out of an area for a precious stones tenement on land— (a) that is within an area that has been pegged out by another person (that pegging out not having lapsed or been cancelled); or (b) that is within an existing precious stones tenement.4 (8) If a precious stones tenement lapses or is cancelled under this Act— (a) if the tenement is an opal development lease— (i) the holder of the lease must not peg an area for another opal development lease on land that was within the previous lease; and (ii) no other person may peg an area for another opal development lease on land within the previous lease unless at least 30 days have elapsed since the previous lease came to an end; and (b) if the tenement is a precious stones claim—the holder of the claim must not, without the written approval of the Opal Mining Registrar, peg an area for another tenement on land within the previous tenement unless at least 12 months have elapsed since the previous tenement came to an end. (9) A person may appeal against a decision of the Opal Mining Registrar not to grant an approval under subsection (8)(b) to the Warden's Court and the court may, on appeal— (a) confirm the Opal Mining Registrar's decision; or (b) reverse the Opal Mining Registrar's decision. (10) A person must not have pegged out at the same time— (a) more than one area for an opal development lease; (b) more than one area for a precious stones claim in a part of a precious stones field that is not within a designated area, subject to the qualification that a person may peg out two areas for precious stones claims in such a case if one or both of the claims are within the area (or former area) of an opal development lease5; (c) more than two areas for precious stones claims. (11) A person must not peg out an area if to do so would be contrary to the regulations. 1 Detailed provisions about exempt land appear in section 6. 2 There is one exception to this provision, namely, the holder of an opal development lease can peg out an area for a precious stones claim within the area of the lease. 3 See section 8A of the Mining Act. 4 There is one exception to this provision, namely, the holder of an opal development lease can peg out an area for a precious stones claim within the area of the lease. 5 Section 23(2)(b) provides that a person can only peg out one area for a precious stones claim within the area of an opal development lease during the term of registration. However, once the registration of the lease has come to an end, a person could peg out and register another opal development lease and, subsequently, another precious stones claim. 12—Area to be pegged out etc (1) The size, shape and dimensions of an area pegged out under a precious stones prospecting permit must conform with the regulations. (2) The person who pegs out an area must ensure that all posts, boundary indicators and notices are maintained in accordance with requirements prescribed by the regulations. 13—Major working areas—Coober Pedy (1) The regulations must, after the Minister has consulted with such approved associations as the Minister thinks fit, identify an area or areas within the Coober Pedy Precious Stones Field as a major working area or major working areas for the purposes of this section. (2) A major working area identified under subsection (1) must include a buffer zone around all extensively worked areas within the major working area (as determined according to circumstances in existence at the time that the regulation establishing the major working area is made). (3) The buffer zone under subsection (2) must (at the time that the buffer zone is established) be at least 500 metres wide at any particular point. (4) The following provisions apply with respect to a major working area identified under subsection (1), and to a person who has pegged out an area for a tenement within such an area, despite the other provisions of this Act: (a) a person may only peg out an area for a precious stones claim within a major working area, and a corporation cannot peg out any area within a major working area; and (b) the maximum permissible area that can be pegged out for a precious stones claim within a major working area is 5 000 square metres; and (c) a person who has pegged out an area for a precious stones claim within a major working area cannot simultaneously have another area pegged out within the precious stones field and, if or when the tenement is registered, the person cannot simultaneously hold more than one tenement within the precious stones field. (5) The regulations under subsection (1) may, by subsequent regulation, after the Minister has consulted with such approved associations as the Minister thinks fit, be varied from time to time. 14—Notice of pegging If an area (or part of an area) pegged out under a precious stones prospecting permit is within a precious stones field, notice of the pegging must be given in accordance with the regulations. 15—Effect of pegging an area (1) The holder of a precious stones prospecting permit who pegs out an area for a precious stones claim that is wholly within a precious stones field has, subject to this Act— (a) an exclusive right to conduct mining operations, other than by the use of declared equipment, for the recovery of precious stones from the area, and to sell, use, or dispose of precious stones recovered in the course of those operations, from the day of the pegging; and (b) an exclusive right to apply for the registration of a precious stones claim within 14 days after the day on which the area is pegged out. (2) The holder of a precious stones prospecting permit who pegs out— (a) an area for a precious stones claim that is wholly outside a precious stones field; or (b) an area for an opal development lease, has an exclusive right to apply for the registration of the relevant tenement within 14 days after the day on which the area is pegged out (but does not have a right to conduct mining operations on the land until a tenement is registered). 16—Ballot may be conducted in certain cases (1) If— (a) it is proposed that the Governor, by proclamation, declare land to be a precious stones field; and (b) the Minister considers that it is appropriate that this section apply in order to facilitate orderly prospecting and pegging of areas for precious stones tenements on the land, the Minister may, by notice published in the Gazette at the time that the Governor makes the proclamation, declare that this section applies in relation to the land. (2) If the Minister makes a declaration under subsection (1)— (a) the holder of a precious stones prospecting permit cannot prospect for precious stones or peg out an area on the land to which the declaration relates until a day specified by the Minister in the notice in the Gazette (the declared day); and (b) a person appointed by the Minister for the purpose will carry out a ballot on the declared day in accordance with the Minister's directions to determine who may have the first opportunity to prospect for precious stones and peg out areas on the land. (3) For the purposes of subsection (2), the Minister must— (a) in the notice in the Gazette— (i) set out the conditions that are to apply to the ballot; and (ii) invite interested persons (being the holders of precious stones prospecting permits) to register for inclusion in the ballot before a specified day in a manner and form determined by the Minister; and (b) cause the land to be divided into blocks, of dimensions determined by the Minister, and ensure that each block is allocated an identifying number for the purposes of the ballot; and (c) cause a plan of the land that clearly delineates those blocks with their identifying numbers to be made available for public inspection at the principal office of the Director, or at another appropriate place specified by the Minister by notice in the Gazette, at least seven days before the declared day. (4) The holder of a precious stones prospecting permit who is registered for inclusion in the ballot in accordance with subsection (3) may participate in the ballot by attending in person on the declared day at a place and time specified by the Minister in the notice under subsection (1). (5) A person who is allocated a block by virtue of participation in the ballot— (a) may, no later than 5 p.m. on the day immediately following the day of allocation, peg out the block for a precious stones tenement in accordance with directions issued by the Minister at the time of the allocation of the block; and (b) must, if the person has pegged out the block under paragraph (a), give notice of the pegging in accordance with the regulations; and (c) may apply to the nearest office of the Opal Mining Registrar to the land for registration of the tenement no later than 14 days after the declared day. (6) An opal mining registrar must not, for 14 days immediately following the declared day, register a precious stones tenement in respect of a part of the land unless the application is made by a person under subsection (5). (7) A person must not, for 14 days immediately following the declared day, prospect for precious stones or peg out an area for a precious stones tenement on land to which this section applies except on a block allocated to the person by virtue of his or her participation in the ballot. (8) If— (a) a person who has been allocated a block— (i) fails to peg out an area for a precious stones tenement on the block within the time set by subsection (5)(a); or (ii) fails to give notice of a pegging in accordance with the regulations; or (iii) fails to apply for registration of a tenement within the time set by subsection (5)(c); or (b) a block is not taken up through the ballot, the land comprised in the block may, at any time after 14 days from the declared day, be pegged out by another person in accordance with the provisions of this Act (other than this section). (9) A person must not prospect for precious stones in contravention of this section. (9a) A person must not peg out an area for a precious stones tenement in contravention of this section. (9b) A pegging purportedly made by a person in contravention of this section is of no effect. (10) The Minister may, by notice in the Gazette, fix a fee for participation in the ballot, and a person who pays the fee but is not successful in the ballot will, on application in a manner and form determined by the Minister, be refunded the fee. (11) A person is not entitled to obtain more than one block through participation in the ballot. (12) A right to peg out a block awarded to a person through participation in the ballot is not transferable. (13) The Minister must ensure that a copy of a notice published in the Gazette for the purposes of this section is also— (a) published in a newspaper circulating generally throughout the State; and (b) displayed, for a reasonable period of time, in the nearest office of the Opal Mining Registrar to the land. (14) This section applies despite the other provisions of this Act. 17—Pegging may lapse If— (a) an application for registration of a tenement is not made in accordance with Part 3 within 14 days after the day on which an area is pegged out; or (b) an application for registration of a tenement is refused under Part 3, the pegging ceases to have effect (and the entitlements that arise from the pegging lapse). 18—Contravention of Part (1) A person must not— (a) purport to peg out an area for a precious stones tenement if not authorised to do so under a valid precious stones prospecting permit; or (b) while being the holder of a precious stones prospecting permit, peg out an area in contravention of this Act or otherwise than in accordance with an authority conferred by this Act. (2) A person must not, having pegged out an area, carry out operations within the area unless those operations are authorised under this Act. (3) A pegging purportedly made by a person in contravention of this section is of no effect.