Opal prospecting
Exploring for opals (opal prospecting) is defined as either carrying out works or removing samples from land, for the purposes of testing its mineral-bearing qualities and/or potential to recover minerals.
Opal prospecting requirements
Opal prospecting can only be undertaken with an appropriate authorisation issued by NSW Resources including an exploration licence or assessment lease or, in a mineral claims district, an opal prospecting licence or mineral claim.
Opal prospecting licences and mineral claims
An opal prospecting licence can only be granted over land defined as an Opal Prospecting Block (OPB) within an area designated as an Opal Prospecting Area (OPA). The majority of OPBs are located within OPAs in the Lightning Ridge Mineral Claims District. There is also a small number of OPBs in theWhite Cliffs Mineral Claims District.
Maps of the Opal Prospecting Blocks can be:
- viewed in MinView (select ‘Add View’ and scroll down to apply the ‘Opal Prospecting Block’ filter).
- obtained from NSW Resources' office at 41 Opal Street, Lightning Ridge, NSW
- obtained via email at lightningridge.office@regional.nsw.gov.au.
The office also displays which OPBs are currently under licence. Enquiries can also be made to the office by phone during business hours at 02 6820 5200.
Opal prospecting can also occur under a mineral claim. Mineral claims can only be granted in designated mineral claims districts. Learn more about mineral claims.
Land access for opal prospecting
Rights of way
A holder of an opal prospecting or mineral claim, collectively called small-scale titles (SST), is entitled to a right of way between their title and a public road. Where practical, the right of way should follow existing roads or tracks and must comply with the conditions of any registered AMP applying to the land.
A right of way must be indicated by marker posts along the route, unless agreed to in writing by an alternate means between the landholder and the SST holder.
Marker posts must be installed at:
- the start and end of the route
- intervals of no more than 250 m
- each point where the route changes direction.
Each marker post must display position coordinates as well as the SST number or identification code that relates to the right of way.
The SST holder must cover the cost of installation and maintenance of marker posts and also provide the relevant landholder(s) with a map showing their right of way.
Other conditions applying to a right of way conferred on an SST holder include:
- It must not pass over any garden, orchard or land under cultivation, or any land on which is situated a ‘significant improvement’, unless consent is provided by the landholder
- It cannot be used by the licence holder before 7 am or after 6 pm, unless consent is provided by the landholder,
- It cannot be used during or less than 24 hours after rainfall unless consent is provided by the landholder,
- The licence holder must ensure that landholder’s gates and/or grids are in place wherever fences are intersected by the right of way. This includes ensuring that any rabbit/marsupial/dog-proof gates are placed at all intersections with existing rabbit/marsupial/dog-proof fences. A fine of up to $5,500 may apply if the licence holder fails to meet this requirement
- The licence holder must pay the costs of installing and maintaining any such gates or grids along the right of way.
If a dispute arises regarding a right of way, either the licence holder or the landholder may apply to the LEC to seek a determination of the matter.
Access management plans
Under the Mining Act 1992, land within an OPA can be declared as an Access Management Area.
Within these areas, access to an OPL or mineral claim from a public road (a right og way) must comply with any registered Access Management Plan (AMP) agreed to with the landholder(s).
An AMP may include, amongst other things:
- the rights of access to the land, to access points, routes of access across the land, and the time periods when these rights apply
- the conditions relating to maintenance of routes of access, preserving the safety of people and stock, and avoiding interference with land management practices
- environmental protection conditions
- a prescribed manner for dispute resolution.
Process for negotiation and registration of an Access Management Plan
A landholder and the relevant ‘miner’s representative’ prescribed the Mining Regulation 2016 may negotiate an AMP. The ‘miner’s representative’ may commence the process by issuing the landholder a notice of intent to negotiate an AMP. The notice of intent must include a plan and description of the land over which access is sought and a description of the intended prospecting method. If the landholder and ‘miner’s representative’ reach agreement on the terms of an AMP, the agreement must be documented in writing and lodged with NSW Resources for registration. NSW Resources is required to give public notice of the AMP and keep copies available for public inspection.
If the landholder and ‘miner’s representative’ are unable to reach agreement on an AMP within 60 days of the notice of intent being issued, either party may apply to NSW Resources to determine an AMP. The party making the application to NSW Resources must provide a copy of the application to the other party. Before making a determination, NSW Resources must consult with both parties and consider submissions arising from the consultation process. Once NSW Resources makes its determination it must issue copies to each party. At any time during its considerations, NSW Resources may choose to not make a determination and provide written notice to each party of that fact.
If NSW Resources declines to make a determination of an AMP, either party can apply to the NSW Land and Environment Court (LEC) to make a determination. The LEC’s determination is final, and copies of the determined AMP must be provided to each party.
Either party can also make an application to the LEC to review a NSW Resources-made determination. The application must be lodged within 14 days of NSW Resources issuing the determination. The applicant must provide copies to both the other party and NSW Resources.
NSW Resources is not a party to any proceedings before the LEC regarding an AMP but may choose to make a submission, which the LEC must consider before making its determination. Each party is responsible for bearing its own costs for participating in any LEC proceedings.
Access to Lightning Ridge OPAs
All OPAs at Lightning Ridge are in a declared Access Management Area. The Lightning Ridge Miners Association and Glengarry Grawin Sheepyard Miners Association have been prescribed as the ‘miner’s representative’. Copies of Access Management Plans in force within this area can be obtained from the NSW Resources Lightning Ridge Office.
Access to White Cliffs OPA
No areas of the White Cliffs Mineral Claims District have been declared as an Access Management Area. Therefore, an AMP cannot currently be implemented.
Permit to Enter Land
Any person can apply for a permit to:
- inspect an opal prospecting block
- mark out and inspect a mineral claim
- comply with a condition of a mineral claim or opal prospecting licence.
These permits are issued by NSW Resources under section 254 of the Mining Act 1992. A permit grants the holder permission to enter the land for a maximum 28 days.
A permit may not be granted over:
- land on which a house is situated that is the occupant’s principal place of residence, or land within 200 m of the dwelling-house, or
- land on which a garden is situated, or land within 50 m of the garden.
A permit may not be granted over land where ‘significant improvements’ are situated. The Act defines a ‘significant improvement’ as a work or structure that meets all of the following criteria:
- is a substantial and valuable improvement to the land
- is reasonably necessary for the operation of the landholder’s lawful business or use of the land
- is fit for its purpose (immediately or with minimal repair)
- cannot reasonably co-exist with the exercise of rights under the authorisation or the access arrangement without hindrance to the full and unencumbered operation or functionality of the work or structure
- cannot reasonably be relocated or substituted without material detriment to the landholder
- includes any work or structure prescribed by the regulations for the purposes of this definition but does not include any work or structure excluded from this definition by the regulations.
Unless the permit specifies otherwise, a permit holder and any employee, or their agent, may only enter the land between the hours of 9am to 5pm from Monday to Friday (excluding public holidays).
The permit holder must comply with all reasonable landholder requests in relation to the manner and time of entry, provided the requests do not prevent the permit holder from carrying out the activities authorised by the permit.
In entering the land that is the subject of the permit, the permit holder must have the permit in their possession and produce it if requested to do so by the landholder.
Download the application form for a permit to enter land (PDF, 237.33 KB).
Frequently asked questions
Can an AMP be replaced?
Subject to its provisions, an AMP can be replaced, and a new AMP remade. If an AMP was determined or reviewed by the LEC, it can only be replaced or remade by the LEC.
What is the duration of an AMP?
An AMP will terminate over the land if the existing landholder for any reason ceases to continue to be the landholder. If the land is sold and ownership transferred, the AMP must be replaced.
Where can copies of an AMP be viewed?
Once registered, NSW Resources will place a notice of the AMP in the local newspaper. The notice must indicate where copies of the AMP may be viewed or purchased. Copies of existing AMPs can be obtained from NSW Resources Office at 41 Opal Street, Lightning Ridge NSW.
What are the costs associated with opal land access arrangements?
Access Management Plans
The ‘miner’s representative’ and the landholder must pay their own negotiating costs regarding an AMP, including where the AMP is determined by NSW Resources or the LEC.
Permit to Enter Land
There are no costs associated with acquiring a permit to enter land. If damage is caused by the permit holder while on the land, the landowner is entitled to a reasonable amount of compensation.
Rights of Way
If the LEC is required to make a determination on a right of way, each party must pay their own costs for the proceedings.