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Opal Mining Act 1995
Part 2Precious stones prospecting permits
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Part 2—Precious stones prospecting permits
7—Application for permit
(1) A person may apply for a precious stones prospecting permit.
(2) The application—
(a) must be made in a manner and form determined by the Director; and
(c) must be accompanied by the prescribed application fee.
(3) The applicant (in the case of a natural person) must be at least 16 years of age.
(4) An opal mining registrar may issue a precious stones prospecting permit to a person who has made due application for the permit and paid the appropriate fee.
(5) A person is not eligible to be issued, or to hold, a precious stones prospecting permit if the person is disqualified from holding a permit under this Act or the regulations.
8—Nature of permit
(1) A person must not hold more than one precious stones prospecting permit.
(2) A precious stones prospecting permit cannot be held jointly by two or more persons.
(3) A precious stones prospecting permit is not transferable.
(4) A person must not—
(a) lend a precious stones prospecting permit to another person; or
(b) permit another person to use, or to take the benefit, of his or her precious stones prospecting permit.
9—Terms and renewal of permit
(1) A precious stones prospecting permit will, subject to this Act, remain in operation for a term of one year from the date of issue.
(2) A person may from time to time apply for the renewal of a precious stones prospecting permit.
(3) The application—
(a) must be made any time after one month before the day on which the precious stones prospecting permit is due to expire; and
(b) must be made in a manner and form determined by the Director; and
(d) must be accompanied by the prescribed application fee.
(4) A renewal will be issued by an opal mining registrar.
(5) The period of renewal will be one year.
(6) A precious stones prospecting permit may, subject to this Act and in accordance with the regulations, be surrendered.
10—Rights of holder of permit
(1) A precious stones prospecting permit authorises the holder to prospect for precious stones and to peg out an area for a precious stones tenement in accordance with this Act.
(2) However, the authority conferred by subsection (1) is subject to various qualifications prescribed by this Act.1
(3) The holder of a precious stones prospecting permit (other than a corporation) must carry out any pegging of an area under the permit personally.
(4) In the case of a corporation, any pegging out under the permit must be carried out by a person who holds a specific authority from the corporation to act on its behalf.
(5) The pegging must comply with requirements prescribed by the regulations.
(6) It is a condition of every precious stones prospecting permit that the holder of the permit (being a holder who is a natural person) must not reside on the precious stones field other than in the Mintabie township lease area in accordance with a licence issued under section 29D of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981, or as otherwise allowed under that Act.