SAIn ForceAct
Opal Mining Act 1995
2See section 32(6).
Start here
Get a plain-English read of 2
Turn the raw legal text into a practical explanation grounded in Opal Mining Act 1995.
2 See section 32(6).
32—Notice of entry
(1) A mining operator must, at least 21 days before first entering land to carry out mining operations, serve on the owner of the land notice of intention to enter the land (the prescribed notice of entry) describing the nature of the operations to be carried out on the land.
(2) The notice—
(a) must be in a form determined by the Director; and
(b) must contain a statement of the owner's right of objection and compensation under this Act; and
(c) must have been validated by an authorised person.
(3) The notice must be served—
(a) in the case of native title land—as prescribed by the Native Title (South Australia) Act 1994; or
(b) in other cases—personally or by post.
(4) If the land is held under a form of title (other than a pastoral lease) that confers a right to exclusive possession of the land, the owner may, within three months after service of the notice, lodge a notice of objection with the appropriate court objecting—
(a) to entry on the land by the mining operator; or
(b) to the use, or the unconditional use, of the land, or a portion of the land, for mining operations.
(5) The court must send a copy of a notice of objection to the mining operator and to the Opal Mining Registrar.
(6) If the court is satisfied on the hearing of an objection that the conduct of the mining operations on the land would be likely to result in substantial hardship or substantial damage to the land, the court may—
(a) determine that the land, or a particular part of the land, should not be used by the mining operator for the purpose of mining operations; or
(b) determine conditions on which operations may be carried out on the land by the mining operator with least detriment to the interests of the owner and least damage to the land.
(7) A mining operator who—
(a) contravenes or fails to comply with a requirement under subsections (1)—(4); or
(b) contravenes or fails to comply with a determination under subsection (6),
(8) The prescribed notice of entry is not required if—
(a) the land to be entered is in a precious stones field; or
(b) the mining operator is authorised to enter the land by or under an agreement with the owner of the land and, under that agreement, notice is not required; or
(c) the mining operator is authorised to enter the land under a native title mining determination; or
(d) the mining operator enters the land to continue mining operations that had been lawfully commenced on the land before the commencement of this Act.
33—Duration of notice of entry
(1) A notice of entry remains in force—
(a) for 12 months from the date of validation (see section 32(2)); and
(b) for the duration of a tenement (including any renewal) that is pegged out on the land to which the notice relates within 12 months from the date of validation.
(2) A mining operator who desires to enter land after a notice of entry has lapsed must serve a new, validated notice of entry, subject to the qualification that if the new notice is served within 28 days after the previous notice lapsed, the mining operator does not need to give at least 21 days notice before re-entering the land.