Part 8Special powers of Warden's Court

Part 8—Special powers of Warden's Court 72—Jurisdiction relating to tenements and monetary claims (1) The Warden's Court has jurisdiction to determine, in the manner it thinks just, all actions concerning a right claimed in, under, or in relation to, a tenement, or a purported tenement, or a precious stones prospecting permit, or otherwise arising under this Act. (2) The Warden's Court may make a declaration as to the validity (or invalidity) of a permit or tenement under this Act. (2a) The Warden's Court will have jurisdiction to determine a monetary claim for not more than $150 000 arising in relation to any contract, partnership or joint venture arrangement related to, or otherwise associated with— (a) the acquisition or holding of any tenement, or purported tenement, or a precious stones prospecting permit; or (b) the performance of any mining operations under this Act; or (c) the recovery of any precious stones under this Act. (3) The Warden's Court will also have jurisdiction in any matter in which it is vested with jurisdiction by regulation. (4) If proceedings relating to a matter under this Act are commenced in the Warden's Court— (a) the Warden's Court must give written notice of the proceedings to the Opal Mining Registrar; and (b) the Opal Mining Registrar must make a note of the proceedings in the opal mining register. (5) The Director is entitled to appear in any proceedings before the Warden's Court under this Act. (6) Sections 65 to 66A of the Mining Act apply to the jurisdiction and proceedings of the Warden's Court under this Act. 73—Cancellation of permit (1) The Warden's Court may, on the application of the Director, make one or both of the following orders: (a) an order cancelling a precious stones prospecting permit; (b) an order prohibiting a person from holding or obtaining a precious stones prospecting permit for a period specified in the order or until further order of the Warden's Court. (2) An order must not be made under subsection (1) unless the Warden's Court is satisfied that the person against whom the order is made has contravened, or failed to comply with, a provision of this or another Act or regulations regulating mining operations (including mining operations that do not involve precious stones), and that the matter is of sufficient gravity to justify the making of the order. 74—Cancellation of pegging (1) The Warden's Court may, on the application of an interested person, make an order cancelling a pegging under Part 2. (2) An order must not be made under subsection (1) unless the Warden's Court is satisfied that a requirement of this Act has not been complied with in a material respect, and that the matter is of sufficient gravity to justify the cancellation of the pegging. (3) If an order for cancellation is made (otherwise than on the application of the Director), the person on whose application the order was made has, for a period of 14 days immediately following the date of the order, an exclusive right to peg out an area for a precious stones tenement of the same kind on the land. (4) After an application has been made under this section, the pegging to which the application relates cannot be altered, nor will it lapse, until the application is determined. (5) In this section— interested person means— (a) the Director; or (b) the holder of a precious stones prospecting permit; or (c) the owner of the land on which the pegging has occurred. 75—Forfeiture of tenement (1) The Warden's Court may, on the application of an interested person, make an order for the forfeiture of a tenement registered under Part 3. (2) An order must not be made under subsection (1) unless the Warden's Court is satisfied that a requirement of this Act has not been complied with in a material respect, and that the matter is of sufficient gravity to justify the cancellation of the tenement. (3) If an order for the forfeiture of a tenement is made under this section, the registration of the tenement is, by force of the order, cancelled. (4) If an order is made under this section, a person must not peg out an area for a precious stones tenement on a part of the land comprised in the tenement that has been forfeited— (a) until the time within which a person may appeal against the decision of the Warden's Court has lapsed; and (b) if an appeal is commenced— (i) until the appeal is dismissed, struck out or withdrawn; or (ii) until the questions raised by the appeal have been finally determined. (5) If the forfeiture remains in force at the conclusion of the period referred to in subsection (4), the person on whose application the order for forfeiture was made (not being the Director) has, for a period of 14 days immediately following the conclusion of the period referred to in subsection (4), an exclusive right to peg out an area for a precious stones tenement of the same kind on the land. (6) After an application has been made under this section— (a) the tenement to which the application relates cannot be surrendered, nor will it lapse; and (b) a person must not, without the permission of the Warden's Court— (i) otherwise deal with the tenement, or an interest in, or associated with, the tenement; or (ii) take action to enforce a right claimed in, under or in relation to the tenement, until the matter is finally determined. (7) However, if the tenement would have lapsed except for the operation of subsection (6), the holder of the tenement must not carry out mining operations on the land after the day on which the tenement would otherwise have lapsed until the matter is finally determined. (8) In this section— interested person means— (a) the Director; or (b) the holder of a precious stones prospecting permit; or (c) the owner of land comprised in the tenement.