Document ID: chunk:federal_register_of_legislation:C2024C00224:section:26c:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 26C (pt 1/2)
Character Range: 221990–224483

26C  Excluded opal or gem mining

Mining other than exploring or prospecting
 (1) This Subdivision does not apply to an act consisting of the creation or variation of a right to mine, if the right, as so created or varied:
 (a) is not a right to explore or prospect; and
 (b) relates solely to land or waters wholly within an approved opal or gem mining area (see subsection (2)); and
 (c) allows:
 (i) mining (other than puddling) only for opals or gems; or
 (ii) mining consisting of puddling in respect of opals or gems; and
 (d) allows that mining only in an area no larger than 5 hectares; and
 (e) is conferred for a period of no more than 5 years; and
 (f) if the right is able to be renewed one or more times—is able to be renewed for no more than 5 years each time.

Exploring or prospecting
 (1A) This Subdivision also does not apply to an act consisting of the creation or variation of a right to mine that is a right to explore or prospect, if the right, as so created or varied:
 (a) relates solely to land or waters wholly within an approved opal or gem mining area (see subsection (2)); and
 (b) allows exploration or prospecting only for opals or gems; and
 (c) allows that exploration or prospecting in an area no larger than 500 hectares; and
 (d) is conferred for a period of no more than 5 years; and
 (e) if the right is able to be renewed one or more times—is able to be renewed for no more than 5 years each time.

Approved opal or gem mining area
 (2) If the conditions in subsections (3) to (5A) are satisfied, the Commonwealth Minister may, by legislative instrument, determine that a specified area of land or waters within a particular State or Territory is an approved opal or gem mining area for the purposes of this section.

First condition
 (3) The first condition is that the relevant State Minister or Territory Minister has requested the Commonwealth Minister in writing to make such a determination in relation to the area.

Second condition
 (4) The second condition is that the Commonwealth Minister is satisfied, having regard to:
 (a) any mining rights conferred in the past in the area; and
 (b) any other relevant matter;
that in the future at least some rights will be conferred to mine in the area that will:
 (c) allow:
 (i) mining for opals or gems (other than mining consisting of exploring, prospecting or puddling) only in an area no larger than 5 hectares; or
 (ii) mining consisting of puddling in respect of opals or gems only in an area no