NSW Validation of Expired Mineral Claims and Related Payments

Mining Amendment (Mineral Claims-Opal) Bill 2023

Legislative Council

Legislative Assembly

Assent

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Effects of this bill

If this bill passes, it means that:

Grants, renewals, transfers and cancellations of expired mineral claims are now valid; this applies to actions taken during the relevant period.
The Resources Secretary can decide an applicant has complied with requirements if the applicant or a previous holder paid the standard compensation.
People who inherited the rights to a mineral claim can apply to have their name recorded as the holder.
Fees, levies and duties collected for mineral claims before this law starts are now valid.

The Debate

What different members said when this bill was debated:

Dugald Saunders NAT

“As shadow Minister for Agriculture and Natural Resources, I support the Mining Amendment (Mineral Claims—Opal) Bill 2023. The member for The Entrance—and geologist, as I learnt this afternoon—gave a great description of opal, how it is formed and the specifics of the spectacular range we have in Lightning Ridge and at White Cliffs.”

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Nathan Hagarty ALP

“I support the Mining Amendment (Mineral Claims—Opal) Bill 2023. The bill addresses a series of issues arising from invalid mineral claims for opal mining in both the Lightning Ridge and White Cliffs mineral claims districts.”

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Roy Butler IND

“First and foremost, I commend the Minister, the Hon. Courtney Houssos, for her work on the Mining Amendment (Mineral Claims—Opal) Bill 2023. I also give credit to Kris Neill, who was the interim chief of staff while the Minister took the reins of her new office. Kris quickly identified the issues and connected me and other stakeholders to the Minister.”

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Charishma Kaliyanda ALP

“I am pleased to speak in support of the Mining Amendment (Mineral Claims—Opal) Bill 2023. I acknowledge the value of the opal industry to New South Wales. Lightning Ridge is famous for producing black opal, the most valuable form of opal in the world. This may not be known to all, but the opal is the official gemstone of New South Wales. White Cliffs is well known for producing seam opals.”

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Warren Kirby ALP

“I support the Mining Amendment (Mineral Claims—Opal) Bill 2023. The bill addresses a critical issue that affects the mining industry, landholders and the Indigenous people of New South Wales by providing a comprehensive solution to the invalidity issue that has plagued the industry for far too long. Australia produces 95 per cent of the world’s opal, which is our national gemstone.”

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David Mehan ALP

“I thank the member for Dubbo, the Leader of the Nationals, and I acknowledge the support the Opposition has shown for the bill. I also thank the member for Leppington, the member for Liverpool, the member for Riverstone and especially the member for Barwon, whose electorate contains these opals and the industry we are seeking to protect with the bill.”

Official source →

News articles and press releases

Second Reading Speech, Mining Amendment (Mineral Claims-Opal) Bill 2023

The Hon. COURTNEY HOUSSOS, Minister for Finance — 2023-09-14

The Mining Amendment (Mineral Claims—Opal) Bill 2023 sets in place legislation to amend the Mining Act 1992. The bill will address the invalidity and liability issues arising from invalid mineral claims for opal mining in the Lightning Ridge Mineral Claims District and the White Cliffs Mineral Claims District. It remedies the fact that mineral claims have been invalidly granted, renewed and transferred since 2015 and that the Department of Regional NSW, miners and landholders have been wrongly proceeding on the basis that opal mining was authorised by the mineral claims. The bill will retrospectively validate the affected mineral claims. It will manage rehabilitation and other compliance risks by ensuring that the conditions of affected mineral claims can been enforced.