The NSW opal mining industry should be moving back onto more solid ground following an amendment to the Mining Act 1992 which became law on 24 October.

It is also hoped that the independent review that is now underway will provide further stability and certainty for all involved.

Reviewer Terry Sheahan is in Lightning Ridge this week, as he hits the ground running on the promised review.

Minister for Natural Resources Courtney Houssos says that her government recognises the importance of the opal mining industry to Lighting Ridge, White Cliffs and surrounding communities.

“Since the issue was uncovered, the NSW Government has worked to minimise disruption and provide certainty for those holding mineral claims, landowners and the community.

"Passing this legislation and launching this independent review are crucial steps as we continue to address this legacy issue.”

The bill recalibrates the part of the Act that set in motion a wave of non-complying activities over a number of years and led the Minns Government to call a halt on mining for several weeks.

It retrospectively validates opal mineral claims issued between 1 January 2015 and 13 February 2023 in the Lightning Ridge and White Cliffs areas. 

Changes to the Act were required following a Department of Regional NSW review of administrative processes.

The review uncovered 3,343 mineral claims impacted by invalid decisions, including 1,230 invalidly granted licences to 827 opal miners in Lightning Ridge and 31 opal miners in White Cliffs.

Money returned to miners

In June, Minister Houssos met with opal miners in Lightning Ridge and announced a comprehensive refund scheme covering administrative fees and levies.

To date, $548,000 has been refunded to opal miners. Six hundred and eighty eight mineral claims have been redetermined by the Department of Regional NSW staff.

The Act now reinstates the previous understanding of all affected parties that the mineral claims were valid and remedies potential legal consequences associated with affected mineral claims.

Minister Houssos stated in a press release that Mineral claims in some areas of White Cliffs will require further action regarding native title before they are resolved. 

“The Act now provides clarity and stability to the affected stakeholders in the opal mining industry. 

“I encourage miners who still haven’t had their licenses revalidated to contact Mining, Exploration and Geoscience (MEG).”

Review gets moving

Following an open competitive tender process, former Land and Environment Court Judge and NSW Attorney General Terry Sheahan AO, was selected to lead the independent review.

Mr Sheahan is in Lightning Ridge this week attending meeting with key stakeholders that were scheduled by the department.

He will be seeking local input on issues such as land access and landholder compensation in order to make informed recommendations to the Government.

“The process will canvass views across the industry, including miners, landholders and the broader community, said Mr Sheahan, “The review will recommend a framework which provides stability and certainty for stakeholders.”

Kavitha Barron, LRMA

Western Plains App contacted the Lightning Ridge Miners Association (LRMA) Manager, Ms Kavitha Barron.

“The LRMA welcomes the independent review as promised by Minister Houssos a few months ago,” Ms Barron said.

The LRMA and the Glengarry Grawin Sheepyard Miners Association (GGSMA) will be working with the independent reviewer Terry Sheahan AO and Stephen Lawrence MLC, who was appointed Government Envoy to work with opal mining stakeholders on the issue of invalid mineral claims. 

"Mr Sheahan will visit White Cliffs in three weeks time," said Mr Lawrence. "These consultations will result in an issues paper. After the issues paper is released submissions will be open."

“It is anticipated formal submissions about the legislation will have to be made by all stakeholders in the New Year," said Ms Barron.

"The process will conclude with recommendations made by the reviewer to the Minister in June 2024."

The LRMA hopes all concerned are provided ample time to make their submissions with a view to receiving a positive outcome that allows the opal industry to flourish and protect the longevity of Australia’s national gemstone.