Opal Mining

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The largest Dark opal gemstone in modern times was found next-door to my open cut and is documented in the Guinness book of records, it is over 2000 carats and was named the Halley's comet, there was a few more large gem multicolour opals were discovered with the Halley's comet, there all so was a number of beautiful high-quality gem red opals and they were worth millions of dollars, the claim was owned by Terry and his younger brother. I was the last man to work with Terry before he retired, I have taken up the challenge and gambled two years of my life and finances and open cut myself this famous opal claim and would be the only man alive who still owns a Opal lease on this old famous three-mile lightning Ridge mining lease.

                                                                         Halleys comet Opal

The map above all the Australian Opal feels , also photograph above is the largest dark opal nobby found in modern times discovered on the 3 mile and weighs over 2000 carats is listed with the Guinness book of records  

Today's world there are few items left that have clarity, definition and brilliance yet the opal quenched our desire for these qualities of which the opal found only on the blood sweat and tears of the miners of Lightning Ridge Australia, is the most highly valued.

 Opal how do I go  mining in Australia 

You will find all the Opal information you need to prospect for Opal around the opal fields of lightning Ridge the capital of the Black Opal industrie of the world, scroll halfway down this page where you will find information from the New South Wales mineral resources Department on the requirements that need to be undertaken to Opal mine in the state of New South Wales.

 

  

 IMAGES : LIGHTNING  NSW AUSTRALIA 

Step 1 First of all you must come to Australia and travel to the out back town of lightning Ridge in the State of New South Wales ,step 2 Contact the government office situated on  the main road on the left-hand side as you drive into town ,to  lease a opal  claim In lightning Ridge you need to  take part in a short 1 1/2 day safety awareness course which is organised by the New South Wales  primary industry ,This course has a small charge just over hundred Australian dollars and then you will be awarded  a certificate. You can view a copy just  under all this  information .If you do not have a miners operates workshop certificate you will have to organise  to work with a miner who has the certificate  .You can complete this course in a similar way that you  received your safety awareness course  ,the only difference is it is a one-day course .  

 

OPAL IMAGES : CAPITAL OF THE BLACK OPAL INDUSTRIE LIGHTNING NSW AUSTRALIA

Now you have all the theory and certificates you must look for suitable opal country so you can purchase a Opal lease,  with a compass do your readings and Barings and then you must drive back to town and take yourself to the department of primary industry and you can then purchased a Opal lease. A few hundred Australian dollars for a 12 month lease on a 50 by 50 meter Opal lease.  It is up to you there is plenty of machinery to purchase at lightning Ridge new or used and there are plenty of people with experience willing to start partnerships and this is a great way to learn and receive all of your practical experience.

Tips on how to find Opal Underground you must first look for fault lines and slides in the profile of the soil in the expose face of the claim that you can see with the naked eye, these are the best places to start digging for Opal of course the type of machinery and equipment is up to you most likely your budget will play a big part in the type of opal mining machinery you use underground.  The most simple  an inexpensive technique is a man with a strong back and surprisingly it is better if he is not too tall.  And if  your budget is not a problem then an underground digger and a blow is the preferable way to mind Opal Underground, and specially if you do not have a strong back  another good tip is to look at the profile of the Opal Clay in front of your eyes and if you can detect very mixed up soil types then this is called a blow and is a great place to did of course no guarantees, you must have powerful lights shining on the face of the drive that you are working because if you spot colour then you must stop all heavy machinery used as you do not want to break his valuable GemStone.  You must go and get a miners pick and dig it out my hand you are basically listening more than you are looking the sounds of Opal is similar to Taping on glass so please stop when you hear this noise and dig a bit wider . I have always liked my chances of finding Opal in the roof of the claim it is much harder to dig their being sandstone if you persist it sometimes pays off,

 

  

 

Opal how do you find this GemStone in the Australian outback

The main expiration theories are drilling Opal by mechanical means and washing the Opal Clay level to see if you can find Opal trace or nobbys.

And you can also follow the procedure above and when you reach the clay level have it chemically tested to see if the clay composition is the correct Opal type.

You can also prospect old Opal leases which have expired and naturally if you are finding good Opal trace you will reregistered them in your name

There are many techniques to mine Opal Underground from a simple mining pick to dig Opal out of are existing claim, all so a compressor and jackhammer are one of the least expensive operations. The bigger operations are hydraulic or elected Opal diggers with large diesel blowers which will suck the soil up after you break it out from the face of the Opal claim, and deliver it in to your truck. On some Opal feels they do open cut and remove all of the soil and rock this is usually only undertaken if you have heavily worked out a Opal claim and you are finding it dangers to work underground, it must be a extremely rich Opal claim as this is a expensive means of opal mining .

Tips on how to look for signs of Opal above ground there are many theories on this subject a lot of people like to get to know as many mining teams as possible, as you can acquire a lot of knowledge on where there is good Opal country and other people take old-fashioned approaches like if there is  a large Australian eucalyptus gum tree the common name is Boxtree situated on their Opal lease, other people like to divine like you would for water using wires trying to detect fault line's underground,  most Opal miners  will use a drilling rig to bring the clay from the deep level for inspection.  And a few of the larger companies will have a good examination underground of old expired Opal leases to see if they can find a few top quality Opal gems and if there is plenty of unworked Opal level left in the claim, then they will arrange with the mining department to take out a open cut mining  permit .  This method of mining is extremely expensive and is often a high risk mining technique on the other side of the coin if there is a pocket left of Opal and you already have found some gem quality Opal in the claim then it is instant retirement jackpot lotto off to the Bahamas.

How to process the Opal level once it is in your truck

Most opal miners today used a 8 m cement mixer after loading the Opal Clay in to the agitater we slowly rumble the clay with a continual flow of water running into the mixture of Opal and clay, the agitater has very fine mesh plates cut in to the side of the drum and as it rotates the clay will turn to a fine sludge and run through the mesh, after a few hours you are left with solid tailings which when finish this step, the agitater is reversed and the Opal tailing run out on to a table in full sunlight. The opal miners then will look for colour and nobbys.

Types of opal on the lightning Ridge Opal feels

Mining seam Opal is different to the Opal nobby  you can still find Opal claims with both. Most of the time you use water to agitate the Opal Clay when it comes to the Opal nobby feels around the town of lightning Ridge .  Seem Opal you will find a lot of guys that do not wash as it is a lot easier to dig it all out why you are underground as long as you have good lights good eyes and of course good ears  the Opal seam country also can produce some beautiful crystal Opal.  Lightning Ridge nobby claims can produce a great combination you can find beautiful black Opal gorges crystal Opal and also seam all in the same claim, and other times you will  find black Opal which is definitely a bonus expressly if you find multicolour predominate red on black Opal, which demands the best prices by far from the Opal buys that visit the town of lightning Ridge.

 

 

OPAL  : AUSTRALIA 3 MILE OPAL FIELD

Cutting and polishing Opal

First you must Chip at the sides of the Opal nobbys to see if they are carrying colour inside, after you have gathered all the Opal you must face each piece and then shape the Opal and then you are ready to document your find before heading off to the cutter which will finish and polish all of your Opal ready for the market place.

Opal cutting is definitely one of the best skills that a Opal man can learn why he is out on the Opal feels prospecting for Australian Opal, the most important part of cutting is the very first step orientation you must learn to cut and orientate Opal there are many pieces of Opal rough that can be extremely difficult to orientate by practising on a lot of low grade nobbys and then Opal, and if you are lucky enough to have a partner with this skill to sit in and watch him orientate and face as much Opal as possible. Cutting Opal is not particularly difficult naturally some people are a natural at cutting and polishing .

Cutting first rub the top of the colour I would recommend good diamond wheels and please use plenty of water to keep the Opal rough cool and when you get close to the colour please work slow, then I would shape the stone you must then putt all your opals on to dobbing sticks you must make sure the Opal is sitting Square 90° to the dobbing sticks and let them set firmly over night.  Next day you must work on a finder diamond wheel some people line to do three stages of different grades of Opal grinding wheels before they start their polishing.  Again there are many techniques some Opal Cutter also like to use three stages in the polishing process, very important you must not let any contamination interfere with the final polishing stages example keep your polishing wheels in a dust free environment unto you are ready to use them.  You must then take the Opal's off the sticks and clean them with warm water after a final check of the Opal find the scales weight each Opal placed them in the individual plastic bag and price them.

Cutting Opal the most important procedure by far is orientating the Opal rough because if this stage is incorrect then you will lose large amount of colour and there is nothing you can do to fix the problem all the polishing and cutting will not put the colour back. This procedure takes many many years to learn and the only way to learn is to rub down as much low grade inexpensive rough as you can possibly fine  . And please remember black opal  is different to Crystal opal and boulder opal is different again learn your particular type of Opal and remember just because you understand one type of opal if you go out on to a Queensland boulder opal feel to buy boulder and you have specialised in orientating and cutting crystal opal for example then you really need to change your approach and thinking slightly.

Opal Selling

Their are many professionals Opal buyers coming and going from the Opal towns in Australia and there are always some resident Opal buyers based around the Opal feels , all you need to do is arrange to show your Opal to them in the privacy of their shops or if you have found a fabless Opal patch then I am sure they will arrange to come to your place when it suits you, the business is reasonably easy if you have the type of Opal for a buyer's market then they will give you a offer and if you decide to take the offer he will most likely pay for it right on the spot.

Three main types of Opal selling 1-Opal rough take a bucket of rough to the buyer 2-Opal rubs Opal that has been faced and not polished or shaped 3-and the finish polish Opal gem.

Opal feels what are the characters like today working the Opal leases

Opal miners involved in to days modern Australian Opal industry are a lot more diverse and multicultural  then the previous generation, mostly beening first-generation Europeans and of course there are more indigenous Australian Opal miners obviously the majority are true blue many generation Australians. Talk about characters one of the last places in Australia where you will find the indangers species the wild colonial man, there are also people from the complete opposite spectrum from scientist palaeontologist and artist, from the salt of the earth farmers and producers people from all around Australia and around the world can not resist the strong draw that takes them from the city to the outback, they take up the challenge to put on the world stage something that is close to a woman's heart like diamonds the Australian gorges gem Black Opal .

Three mile open cut opal mine which is the largest open cut at lightning Ridge Australia and is a magnificent sight to see opal heritage at its best, there are many opal tours taking travellers from all around the world to view the open cut which gives the viewer a greater understanding of the blood sweat and tears of the miners which worked the 3 mile , you can clearly see the profile of the different soil and sandstone structures and of course the many shafts and drives that the old-time miners  work with ancient tools & candle lighting you can view the complete history with one of the lightning Ridge tour groups do not miss this one on your next tour .   

SIZE AND SHAPE OF MINERAL CLAIMS

The conditions of the Lightning Ridge Mineral Claims District specify the shape and size of mineral claims that may be granted within the area. These conditions are detailed below:

(a)       The area of land granted under a mineral claim must be square in shape no greater than 50 metres by 50 metres except where the external boundaries of the land available for grant make such a shape impractical in which case the maximum area must not exceed 2,500 square metres.

(b)       A mineral claim exceeding 2,500 square metres, but no greater than two hectares, may be granted, in accordance with policy, to a person who was, at the time of lodgement of the application for the mineral claim, the holder of an opal prospecting licence over the land.

(c)        If a person demonstrates to the satisfaction of the Mining Registrar that “opal puddling” is an appropriate mining purpose in respect of a particular area a mineral claim of a size no greater than 2 hectares may be granted.

MARKING OUT YOUR AREA

Prior to lodging your application for a mineral claim the area required must be marked out so that the boundaries and location of the area are known.

The requirements for marking out an area are:

à        A post or steel star picket must be fixed firmly in the ground at each angle of the land required and must project at least one metre above the surface.

à        Trenches must be cut at each angle to indicate the general direction of the boundary lines. These trenches must be at least 150 millimetres in depth and extend along the boundaries for a distance of at least one metre.

à        If it is not practical to cut trenches because of the nature of the ground, stone walls at least 150 millimetres in height and extending for a distance of at least 1 metre from the post or picket may be erected.

à        A completed mark out notice must be attached to the post or picket on the northernmost corner of the proposed claim, or if there are 2 or more of these, the easternmost of them, using a board or plate (made of wood or metal) as a base.

Supplies of mark-out notices are available from the Mining Registrar's Office. The notices look like this:-


 

MINERAL CLAIM

MINING ACT 1992

NAME:

ADDRESS:

DATE & TIME OF MARK OUT:                                           AT                   A.M./P.M.

DIMENSIONS OF THE LAND:

CLAIM NUMBER:

Note:  The words "MINERAL CLAIM" must be in block letters prominently displayed at the head of the notice.

IF THE AREA OF THE PROPOSED MINERAL CLAIM IS NOT MARKED OUT CORRECTLY YOUR APPLICATION FOR A CLAIM MAY BE REFUSED BY THE MINING REGISTRAR.

If there has been a complaint made that a mineral claim is not correctly marked out the claim holder has 28 days to correctly mark out the claim and rectify the situation. If this does not occur the claim may be cancelled.

In addition, an applicant for a mineral claim must provide a survey plan or map of the area marked out complete with measurements and bearings and distances so that the area can be accurately included in the Mining Registrar’s records.

MEASUREMENTS - BEARINGS AND DISTANCES

The main opal fields have survey marks placed on them to assist people to accurately measure by bearings and distances the location of their claims from these survey marks. This can be done using a compass and tape. The survey marks are tagged with metal identification numbers and if you are not aware of the one nearest to your area of interest please contact the Mining Registrar who will provide a copy of the relevant plan showing the location of survey marks. It is essential to have access to at least one mark when locating a claim. It is preferable to have two survey marks, one either side of the claim.

Within 12 months of lodging a new mineral claim the Department will accurately survey the claim.


 

NOTICE TO LANDHOLDERS

You must serve notice of your intention to apply for a claim on all affected landholders. The definition of "landholder" in the Mining Act, 1992 includes freehold owners; holders of Western Lands Leases and native title holders.

Notice can be served in one of two ways:-

(i)         by personally handing the landholder a letter of your intention to apply for the claim and a copy of the survey plan or map: or

(ii)        by posting a letter and a copy of the survey plan or map to the landholder.

The Commonwealth Native Title Act 1993 (CNTA) does not apply to the Lightning Ridge Opal Field because it has been declared under section 26C of the CNTA as an “approved opal and gem mining area”. This means that while a number of standard requirements are met, mineral claim applicants do not have to undertake any section 29 procedures of the CNTA.

LODGEMENT OF MINERAL CLAIM APPLICATION

The following must be lodged personally with the Mining Registrar:

¨      Application form (obtainable from the Mining Registrar’s office).

¨      A survey plan or map which clearly identifies the land (the distance and bearing of each side of the area and a connection, by distance and bearing, to a survey mark must be shown).

¨      A copy of each notice served on the landholders together with a statutory declaration that such notices were served.

¨      Identification such as a driver’s licence to confirm who you are.

¨      The lodgement fee.

GRANT OF A MINERAL CLAIM

If all of the necessary requirements are complied with and there is no reason why the mineral claim should not be granted over the area a mineral claim will be granted.

The Mining Registrar in granting the mineral claim will give you a certificate that contains the number of the mineral claim and its terms and conditions.

In addition, the Mining Registrar will require you to:

·        sign the certificate accepting the terms and conditions of the claim.

·        pay the security deposit, usually set at $250.00, to ensure that your obligations (including rehabilitation) under the claim are fulfilled.

pay an amount that will be placed into a landholder compensation fund and used to compensate landholders whose land is affected by opal mining.

CONDITIONS

The Mining Act provides for the creation of Mineral Claim Districts. Special conditions approved by the Minister and advertised in the Government Gazette apply to mineral claims granted over land within a district.

The special conditions cover policy issues such as the shape and size of claims; the maximum number of claims that may be held; the term of the claim etc.

The Lightning Ridge Mineral Claim District has been created over the Opal Fields.

Mineral claims also are granted subject to specific conditions addressing issues such as mine safety, rehabilitation, dogs, buildings etc.

Information about the special and specific conditions may be obtained from the Department’s Office.

 It is the responsibility of the claim holder to be aware of and to comply with the conditions of the claim.

A breach of conditions can lead to:

(a)   the holder of the claim being directed to fix the problem

(b)   and/or a fine being imposed

(c)   and/or cancellation of the claim.

The procedure for dealing with breaches of conditions – highlighted by a member of the public or a Departmental officer - is in the section Cancellation of Claims.

Conditions that require some explanation:

Effectively Worked

One of the main conditions of a mineral claim is that the claim must be effectively worked to the satisfaction of the Mining Registrar. Any such determination to the contrary will be reviewed by a senior officer at the Head Office of the Department of Mineral Resources. Failure to effectively work the mineral claim could lead to the cancellation of the claim. 

For a claim to be effectively worked it must be actually operated as a claim and that means that there must be some work done for the purpose of extracting opal or for the purpose of finding opal.

There must not be any significant or substantial cessation of operations unless there has been an approved suspension of conditions approved by the Mining Registrar.

The decision as to whether or not a claim has is being effectively worked will be a practical one and will be based on, amongst other factors:

-          the type of equipment used

-          the intentions of the claim holder

-          the scale of the operation and residential status of the claim holder.

The intention of this condition is to ensure that areas of land are not sterilised by claim holders without being worked.

Rehabilitation

A number of the conditions also require that the mineral claim area should be rehabilitated upon the expiry or cancellation of the claim. The rehabilitation requirements vary depended on whether or not the claim is located in a new or preserved opal field. Guidelines on rehabilitation requirements are available from the Departments office – see “Rehabilitation Standards for Cancelled Claims”.

             

Safety Conditions

The conditions require that the claim holder comply with safety provisions contained in the Mines Inspection Act 1901 and its Regulations and conduct operations in a manner that does not endanger the safety of any person. Guidelines for complying with these safety conditions are available from the Departments office.

Dogs on Claims

Due to the dual land use that occurs in the area, with farmers and miners, the Department of Mineral Resources places a high level of importance on the observance of the specific mineral claim condition. Some claims do not allow the claimholder to have a dog on the claim (refer to the claim conditions for details). Dog attacks on stock are of the utmost concern to the Landholder, the Department and the Mining Industry.

Council Rates

It is a condition of all camp mineral claims that they must pay to Walgett Council any fees, rates or charges as the Council may determine from time to time. The Mining Registrar can request proof of payment at any time. Non-payment of Council fees, rates or charges is a breach of conditions and can lead to the cancellation of the claim.


 

PROCEDURE FOR THE RENEWAL OF MINERAL CLAIMS

WITHIN THE LIGHTNING RIDGE MINING DIVISION

LODGEMENT OF RENEWAL APPLICATION

Application for the renewal of a mineral claim can be lodged by mail, facsimile or in person with the Mining Registrar on or within 2 months before the day on which the claim is due to expire.

To renew your claim the following must be lodged with the Mining Registrar:

¨      Application form (obtainable from the Mining Registrar’s office).

¨      The lodgment fee.

¨      Landholder compensation.

RENEWAL

Upon renewal an Instrument of Renewal will be given to you detailing the terms and conditions of the renewal. You will be required to sign this Instrument in person at the Lightning Ridge Office to indicate your acceptance of the terms and conditions of the renewal.

If there are difficulties in attending the Office arrangements should be made with the Mining Registrar to attend the Office at an alternative mutually acceptable time.

It is your responsibility to be aware of and to comply with the conditions of your claim. Failure to do so may result in fines being imposed or in the cancellation of your claim.

NON-RENEWAL OF A MINERAL CLAIM

The Mining Registrar will not renew a claim if:

1.         the application for renewal is lodged after the expiry date of the claim.

2.         (i)         there is a proposal to cancel the claim;

(ii)        the provisions of the Mining Act or Mines Inspection Act have not been complied with; or

(iii)       where it has come to the attention of the Mining Registrar that there has been a breach of the conditions of the claim which warrants refusal of the renewal application.

Breaches may include that the area is not safe; building guidelines have not been met; more than one dog is being kept on the claim area; etc.

If the Mining Registrar proposes to refuse an application for renewal he will serve on the holder a notice of his intention to do so indicating the grounds of the proposed refusal. A holder served with such a notice may within twenty one (21) days of the date of the notice make representations to the Mining Registrar as to why the application should not be refused.

Before any final decision is made these representations will also be reviewed by a senior officer of the Department in the Sydney Head Office.

FURTHER ENQUIRIES

At the end of each month the Mining Registrar can prepare a list of all mineral claims not renewed in the previous  month. This list will be available to the public.

If you have any questions concerning the renewal of mineral claims please contact the Mining Registrar’s office.

TRANSFER OF A MINERAL CLAIM

(OTHER THAN A CAMP CLAIM)

CHECK CLAIM DETAILS

Before agreeing to purchase a mineral claim, it is suggested that you check the details of the claim with the Mining Registrar. The Mining Registrar can provide you with the following information:-

¨      the name of the claim holder;

¨      the expiry date of the claim;

¨      the location of the claim; and

¨      any outstanding matter with the claim, that needs to be fixed before any consideration could be given to transferring the claim.

LODGEMENT OF TRANSFER APPLICATION

The following must be lodged personally with the Mining Registrar by the person acquiring the claim:-

¨      Application form (obtainable from the Mining Registrar’s office) which must be signed by both parties., the transferor and the transferee.

¨      A copy of each notice served by the holder of the mineral claim on the landholders (as mentioned on the application form).

¨      Identification such as a driver’s licence to confirm who you are.

¨      The lodgement fee.

MINING COURSE

Newcomers intending to acquire a mineral claim must attend a “Mining Course” prior to a claim being granted or transferred to them. To check if this applies to you contact the Mining Registrar’s office.

COSTS ASSOCIATED WITH THE TRANSFER OF A MINERAL CLAIM

¨      A lodgement fee of $85.00.

¨      Stamp Duty payable at a rate of $12.50 per $1,000 of the purchase price. If there was no purchase price you will be charged $2 stamp duty.

¨      A security deposit, usually set at $250.00, to ensure that your obligations (including rehabilitation) under the claim are fulfilled.

TRANSFER OF MINERAL CLAIM

The Mining Registrar upon transferring a mineral claim to you will ask you to sign the claim conditions to agree to comply with their requirements. As the holder of a mineral claim it is your responsibility to:-

à        be aware of and to comply with the conditions of your claim; and

à        properly maintain the marks defining the claim area.

Failure to do so may result in fines being imposed or in the cancellation of your claim.

CLAIM RENEWAL

Please note that the transfer of a mineral claim does not change the expiry date of the claim. If you want to continue to hold the claim you must apply for renewal at the appropriate time. Therefore, you should keep the expiry date in mind. A renewal application must be lodged on or within 2 months before the day on which the claim is due to expire.

FURTHER ENQUIRIES

If you have any questions concerning the transfer of mineral claims please contact the Mining Registrar’s office.


 

TRANSFER OF A CAMP MINERAL CLAIM

CHECK CLAIM DETAILS

Before agreeing to purchase a camp mineral claim, it is suggested that you check the details of the claim with the Mining Registrar. The Mining Registrar can provide you with the following information:-

¨      the name of the claim holder;

¨      the expiry date of the claim;

¨      the location of the claim;

¨      whether the claim is recorded as a camp claim;

¨      whether structures on the claim area have been approved by the Mining Registrar; and

¨      any outstanding matter with the claim, that needs to be fixed before any consideration could be given to transferring the claim.

LODGEMENT OF TRANSFER APPLICATION

The following must be lodged personally with the Mining Registrar by the person acquiring the claim:-

¨      Application form (obtainable from the Mining Registrar’s office) which must be signed by both parties., the transferor and the transferee.

¨      A copy of each notice served by the holder of the mineral claim on the landholders (as mentioned on the application form).

¨      Identification such as a driver’s licence to confirm who you are.

¨      The lodgement fee.

MINING COURSE

Newcomers intending to acquire a mineral claim who do not hold another claim must attend a “Mining Course” prior to a claim being granted or transferred to them. To check if this applies to you contact the Mining Registrar’s office.

COSTS ASSOCIATED WITH THE TRANSFER OF A CAMP MINERAL CLAIM

¨      A lodgement fee of $85.00.

¨      Stamp Duty payable at a rate of $12.50 per $1,000 of the purchase price. If there was no purchase price you will be charged $2 stamp duty.

¨      A security deposit, usually set at $200.00, to ensure that your obligations (including rehabilitation) under the claim are fulfilled.


 

TRANSFER OF CAMP MINERAL CLAIM

The Mining Registrar upon transferring a mineral claim to you will ask you to sign the claim conditions to agree to comply with their requirements. As the holder of a mineral claim it is your responsibility to:-

à        be aware of and to comply with the conditions of your claim; and

à        properly maintain the marks defining the claim area.

Failure to do so may result in fines being imposed or in the cancellation of your claim.

RATES TO WALGETT SHIRE COUNCIL

Following transfer of the claim, you should notify the Walgett Shire Council in writing that you are now the holder of the claim. As the holder of a camp mineral claim you are required to pay Council rates.

BUILDINGS AND FENCES

You must have written approval from the Mining Registrar before you commence to build a structure or fence on the claim area. A Building Approval form must be completed and lodged with the Mining Registrar to obtain the necessary approval. Walgett Shire Council has a “Local Approvals Policy” dealing with the erection of buildings and other structures. These apply to camps on claims. If you are not aware of these please contact the Council. Also the publication “Camps in the Opal Fields of Lightning Ridge” available from the Council and the Mining Registrar’s office is very useful.

CLAIM RENEWAL

Please note that the transfer of a camp mineral claim does not change the expiry date of the claim. If you want to continue to hold the claim you must apply for renewal at the appropriate time. Therefore, you should keep the expiry date in mind. A renewal application must be lodged on or within 2 months before the day on which the claim is due to expire.

FURTHER ENQUIRIES

If you have any questions concerning camp mineral claims please contact the Mining Registrar’s office.


 

CANCELLATION OF MINERAL CLAIMS

THE LEGISLATION

The Mining Act 1992 provides that a mineral claim may be cancelled for any of the following grounds:-

¨      if the holder contravenes any condition of the claim.

¨      if the holder contravenes any provision of the Mining Act or the Regulations.

¨      if the holder fails to pay the necessary compensation.

¨      if the holder is convicted of “Ratting”.

¨      at the written request of the holder.

¨      if the land is determined to be agricultural land.

¨      if the land is required for a public purpose.

¨      if ordered to do so by a Warden’s Court.

The Mining Registrar must serve a written notice on the holder of the claim if he proposes to cancel a claim on any of the first four grounds listed above. The notice must state the grounds of the proposed cancellation and give the holder a reasonable opportunity to make representations as to why the claim should not be cancelled.

* It should be noted that if the holder of the claim has another party working the claim for them it is their responsibility to inform the party working the claim of any notice of contravention that could lead to a cancellation of the claim and to ensure that the situation is rectified. 

These representations will also be considered by a senior officer in the Sydney Head Office of the Department of Mineral Resources prior to a final determination being made.

If a claim is cancelled the holder may, within 14 days after written notice of the decision is served, apply to a Warden’s Court for a review of the decision.

OBSERVANCE OF CLAIM CONDITIONS

It is the responsibility of a mineral claim holder to be aware of and to comply with the conditions of his or her claim. A breach of conditions can lead to:-

à        the holder being directed to fix the problem;

à        a fine being imposed; or

à        the claim being cancelled.


 

COMPLAINTS OR REPORTS THAT CONDITIONS ARE NOT BEING OBSERVED.

BY THE PUBLIC

Complaints from members of the public that the conditions of a mineral claim are not being observed are dealt with in the following manner:-

1.         the claim is inspected and any breach verified by an officer of the Department of Mineral Resources.

2.         if the inspection supports the complaint the holder is informed that it is proposed to cancel the claim and given a period of 21 days in which to make representations as to why the claim should not be cancelled.

3.         any representations made by the holder are given due consideration by the Mining Registrar and a senior officer from the Sydney Head Office before making a decision as to whether or not to cancel the claim.

4.         the holder is notified in writing by the Mining Registrar of the decision.

If the decision is to cancel the claim, the holder is informed of the right to apply to the Warden’s Court for a review of the decision.

BY DEPARTMENTAL OFFICERS

The Lightning Ridge office of the Department of Mineral Resources has a total of 7 staff members, including 2 field officers, who administer some 6000 mineral claims.

The Department therefore does not have sufficient resources to conduct systematic regular inspections of claims. However, where an officer observes breaches of the conditions of a mineral claim the matter is dealt with in the following manner:-

1.         the holder is informed of the breach and advised to fix the problem within a reasonable period. If the problem is not fixed then cancellation action may be commenced.

2.         if cancellation is commenced, the holder is informed that it is proposed to cancel the claim and given a period of 21 days in which to make representations as to why the claim should not be cancelled.

3.         any representations made by the holder are given due consideration by the Mining Registrar and a senior officer from the Sydney Head Office prior to a final determination being made.

4.         the holder is notified in writing of the decision of the Mining Registrar.

If the decision is to cancel the claim, the holder is informed of the right to apply to the Warden’s Court for a review of the decision.

Some breaches of claim conditions are fixable and need not lead to the cancellation of a claim. However, for others such as the working requirement, “Ratting”, breaching the building guidelines or repeated breaches relating to dogs cancellation may be inevitable.

REVIEW OF CANCELLATION BY THE WARDEN’S COURT

If you apply for a review of the decision to cancel your claim the matter will be heard by the Chief Mining Warden. The Warden is a Magistrate independent from the Department of Mineral Resources.

An application for review must be filed in a Warden’s Court within 14 days after written notice of the decision to cancel the claim is served on the holder. Application must be made on the appropriate form (obtainable from the Mining Registrar’s office) and a filing fee of $130 applies.

A hearing will be arranged by the Registrar of the Warden’s Court at which you would be able to give evidence and produce witnesses to substantiate your case.

An application for review does not automatically stop or overturn the decision to cancel the claim. The Warden, however, in reaching a decision may decide to overturn the original decision and reinstate the claim.

In July each year the Mining Registrar will prepare a list of all mineral claims cancelled in the previous 12 months, together with the reason for cancellation. This list will be available to the public.


 

INFORMATION AVAILABLE FOR INSPECTION FREE OF CHARGE

The following computer or written records are available, for inspection, free of charge, by members of the public during office hours:-

·        a record of every application for a mineral claim that has been received by the mining registrar. The details available are -

à        the name and address of the applicant;

à        the location of the claim area as it appears on the Department’s maps;

à        the size of the area; and

à        the minerals or purposes applied for.

·        a record of every mineral claim granted by the mining registrar. The details available are -

à        the name and address of the holder;

à        the date of grant;

à        the expiry date;

à        the location of the claim area as it appears on the Department’s maps;