Part 6Opal mining co-operation agreements

Part 6—Opal mining co-operation agreements 39—Interpretation In this Part— mining operator includes a person who seeks to carry out mining operations on land; registered agreement means an opal mining co-operation agreement registered under this Part. 40—Nature of agreement (1) An opal mining co-operation agreement may be made about mining operations carried out under this Act on land. (2) However, an opal mining co-operation agreement cannot relate to— (a) native title land; or (b) land within a precious stones field. 41—Parties to an agreement An opal mining co-operation agreement may be made between— (a) the owner of land; and (b) — (i) a mining operator; or (ii) an approved association. 42—Content of an agreement (1) An opal mining co-operation agreement may— (a) provide that land that would otherwise be exempt land will not be taken to be exempt land under this Act for the purposes of mining operations authorised by the agreement; (b) prohibit or restrict the pegging out of an area for a precious stones tenement by a person bound by the agreement; (c) provide— (i) that the owner of the land will not object to a notice of entry to the land; or (ii) that a notice of entry to the land does not need to be given (or does not need to be given in specified circumstances, or only needs to be given in specified circumstances); (d) restrict or regulate the circumstances or conditions under which a person covered by the agreement may enter, or remain on, the land; (e) permit, prohibit, restrict or regulate the use of declared equipment on the land, or provide that notice of the use of declared equipment need not be given; (f) provide for any other permission that the owner of the land may give under this Act; (g) provide for the care, management or rehabilitation of land; (h) provide for the payment of compensation to the owner of the land on account of mining operations on the land; (i) make other provisions about carrying out of mining operations on the land; (j) identify camp sites or temporary residences on the land; (k) provide for other matters agreed between the parties to the agreement. (2) An agreement may provide for payments to the owner of the land that are based on profits or income derived from mining operations on the land or the quantity of precious stones produced. (3) An agreement must comply with requirements prescribed by the regulations. 43—Registration of agreement (1) The parties to an opal mining co-operation agreement must submit the agreement to the Opal Mining Registrar for registration within 21 days after the agreement is signed by or on behalf of the parties to the agreement. (2) The prescribed fee is payable when the agreement is submitted for registration. (3) The Opal Mining Registrar must register the agreement unless— (a) the agreement relates to land that is within a precious stones field or is native title land; or (b) the Opal Mining Registrar believes— (i) that the agreement has not been negotiated in good faith; or (ii) that the agreement is inconsistent with the objects of this Act or is not in the best interests of opal mining in the State; or (iii) that there is some other good reason why the agreement should not be registered. (4) The Opal Mining Registrar must make a decision on the registration of an agreement within one month after the agreement is submitted for registration. (5) However, despite subsections (2) and (3), the Opal Mining Registrar must not register an agreement over pastoral land within the meaning of the Pastoral Land Management and Conservation Act 1989 unless or until the Opal Mining Registrar has consulted with the Pastoral Board about proposals for the rehabilitation of land under the agreement (and the Minister may, on the basis of the time that is required to complete that consultation process, grant an extension of time under subsection (4)). (6) An agreement has no force or effect under this Act until it is registered. 44—Agreement may be varied or revoked (1) The parties to a registered opal mining co-operation agreement may, by agreement, vary or revoke the agreement. (2) A variation to a registered agreement must be submitted by the parties to the agreement to the Opal Mining Registrar for registration within 21 days after the variation is made and the Opal Mining Registrar must register the variation unless the Opal Mining Registrar believes— (a) that the variation is inconsistent with the objects of this Act or is not in the best interests of opal mining in the State; or (b) that there is some other good reason why the variation should not be registered. (3) A party to a registered agreement may, by notice in writing to the other parties to the agreement, withdraw from the agreement. (4) However, a notice under subsection (3)— (a) cannot be given without the approval of the Opal Mining Registrar; and (b) must be given at least 60 days before the withdrawal is to take effect. (5) If an approved association is withdrawing from an agreement, the association must give notice of the withdrawal to each member who is covered by the agreement in accordance with any requirements specified by the Opal Mining Registrar. 45—Appeal to Warden's Court A party to an opal mining co-operation agreement may appeal to the Warden's Court against a decision of the Opal Mining Registrar under this Part and the court may, on appeal, confirm or reverse the Opal Mining Registrar's decision. 46—Persons bound by agreement A registered agreement is binding on, and enforceable by or against, the original parties to the agreement and— (a) the successors in title to the owner of the land; and (b) a person who carries out mining operations on the land on behalf of a party to the agreement; and (c) if an approved association is a party to the agreement—the members of the association who are covered by the agreement; and (d) the holders from time to time of mining tenements covered by the agreement. 47—Enforcement of agreement A person who is entitled to enforce a registered agreement who believes that another person bound by the agreement has contravened, or failed to comply with, a term of the agreement may apply to the appropriate court and the court may, if satisfied that the other person is in default— (a) order the other person to take specified action to comply with the agreement or to rectify a situation caused by the other person; (b) order the other person to pay compensation for loss or damage caused by a breach or a failure to comply with the agreement; (c) vary or revoke a term of the agreement; (d) revoke the agreement; (e) make other orders that the court considers to be appropriate in the circumstances. 48—Restriction on mining operations by third parties (1) If an approved association is a party to a registered agreement, a person who is not a member of that association must not conduct mining operations on land that is subject to the agreement unless— (a) the person is a party to another agreement with the owner of the land registered before the agreement with the association; or (b) the person has entered into a separate opal mining co-operation agreement with the owner of the land and an agreement of that kind is not specifically excluded under the terms of the agreement with the association; or (c) the person pegged out an area for a tenement before the agreement with the association was entered into and the mining operations are carried out in that area in accordance with this Act; or (d) the person is acting under the authority of a mining tenement under the Mining Act; or (e) the person is acting under an authority granted by the Warden's Court. (2) For the purposes of subsection (1)(e), a person who desires to carry out mining operations on land that is subject to a registered agreement with an approved association (and who is not authorised to carry out mining operations under the agreement) may apply to the Warden's Court for an authority to conduct mining operations on the land (including to peg out an area for a tenement) despite the agreement and the court may, on the application— (a) if it considers that it would be reasonable to allow the person to carry out mining operations on the land and that to do so would not unfairly disadvantage the parties to the registered agreement—grant the application, on conditions (if any) determined by the court; or (b) reject the application.