After an administrative error that rendered the licenses of around three thousand opal miners redundant, legislation has inched closer to law to address the issues that forced so many tools down in May this year. 

Of the 3343 mineral claims that were impacted by the error, it was revealed that 1230 licenses were indeed invalid, while over 2000 claims were reissued. 

The Mining Amendment (Mineral Claim - Opals) Bill 2023 that was introduced in September will retrospectively validate those opal mineral claims, and work to ensure the issue is avoided in the future. 

'This is a legacy issue that dates back to 2015 and is another example of mismanagement by the previous Liberal and National government,” Natural Resources Minister Courtney Houssos said when introducing the Bill. 

'The bill provides clarity and stability to the affected stakeholders in the opal mining industry.”

In the final debate this week - where both Houses passed the law - there was unanimous approval of the law, while acknowledging that there was no simple process to address every challenge miners face. 

“The complexity of this issue means this piece of legislation will only fix some of the problems,” Member for Barwon Roy Butler said. 

“What has occurred cannot be underestimated. When mining stopped in May due to the invalidity of the license issued, the world's opal trade was put on hold,” he said in the debate. 

In addition to the bill, a statutory review has been announced to help address impacts on mining and farming communities, with more details to be revealed by end of year. 

“The review will analyse the current statutory framework and the state of the industry, including issues such as land access and landholder compensation,” MP David Mehan said during the debate. 

“As part of the review, the Government will listen to stakeholder views and make informed recommendations to deliver the practical and beneficial changes needed.” 

The new legislation is supposed to protect miners and landholders by ensuring that:

• The conditions of the affected mineral claims can be enforced, including rehabilitation requirements, and compliance action can still be undertaken. This will allow the department to ensure appropriate remediation occurs. 
• The money collected in relation to affected mineral claims is valid. This includes money paid to landholders as compensation under the Mining Act and fees, levies and duties. 
• A person who had a mineral claim transferred or devolved to them is not unduly disadvantaged. 

Miners, landholders and all affected stakeholders are encouraged to share their concerns with the review when it begins.

The legislation is currently awaiting assent after passing both Houses.