Div 2Declared equipment

Division 2—Declared equipment 34—Use of declared equipment (1) A mining operator must not use declared equipment in the course of mining operations under this Act except— (a) on land comprised in a registered tenement within a precious stones field; or (b) with the written authorisation of the Director (for land outside a precious stones field). (2) An application for an authorisation of the Director to use declared equipment outside a precious stones field must be made in a manner and form determined by the Director and accompanied by the prescribed application fee. (3) An authorisation may be given subject to conditions. (4) The Director may, by notice in writing to the mining operator, add, substitute or delete one or more conditions to an authorisation. (5) A mining operator must not contravene or fail to comply with a condition. (6) A mining operator must, at least 21 days before first using declared equipment on land, serve on the owner of the land notice of the intention to use the declared equipment in the course of mining operations carried out on the land. (7) The notice must be in a form determined by the Director. (8) The owner may, within three months after service of a notice, lodge a notice of objection with the Warden's Court objecting to the use, or the unconditional use, of declared equipment on the land. (9) The court must send a copy of a notice of objection to the mining operator and to the Opal Mining Registrar. (10) If the court is satisfied on the hearing of an objection that the use of declared equipment on the land would be likely to result in severe or unjustifiable hardship or substantial damage to the land, the court may— (a) determine that declared equipment should not be used in the course of mining operations on the land or a part of the land; or (b) determine the conditions under which declared equipment may be used on the land with least detriment to the interests of the owner and least damage to the land. (11) A mining operator who— (a) uses declared equipment on land without prior service of a notice under subsection (6); or (b) fails to comply with a determination or condition under subsection (10), (12) Subsections (6)—(11) do not apply to the use of declared equipment on land if— (a) the land is within a precious stones field; or (b) the Warden's Court or the ERD Court has determined conditions on which declared equipment may be used on the land and the mining operator complies with the terms of the determination. (13) This section does not apply to the use of declared equipment on land if there is an agreement with the owner of the land about the use of declared equipment and the mining operator complies with the terms of the agreement.