Opal Mining in Queensland Mining and Exploration Tenures and Native Title Agreements and Conditions Presentation by Nathan Brown, Mining Registrar, Emerald
Overview Opal mining areas Prospecting Permits Exploration Permits Mineral Development Licences Mining Claims Mining Leases Native Title Agreements Winton Indigenous Land Use Agreement Quilpie Indigenous Land Use Agreements Other Native Title processes
Mining Districts in Queensland
Opal Mining in Queensland Queensland s known opal deposits are located in the West and South-West of the State in the Winton and Quilpie Mining Districts. Mining for opal, both commercial and recreational, takes place at locations including Yaraka, Jundah, Opalton, Yowah, Toompine, Quilpie and Eromanga. Mining and exploration tenures are granted under the Mineral Resources Act 1989 with a parallel environmental approval process administered under the Environmental Protection Act 1994.
Prospecting Permits
Prospecting Permits Prospecting Permits allow the holder to prospect for minerals using hand tools, such as picks, shovels, augers. They also allow the holder to peg and apply for mining claims or mining leases. Parcel Prospecting Permits are granted over a particular parcel or parcels of land for a term of three months. District Prospecting Permits are granted over the whole of a Mining District for terms between one and twelve months.
Exploration Permits
Exploration Permits Exploration Permits are the main exploration tenement, used for first-stage, broad-scale mineral exploration. They are granted by the Minister for periods of up to five years and may be renewed. Each permit is subject to a work program and an annual relinquishment of area is required. Exploration usually involves initial activities with no significant impacts but may be followed by more intensive activities such as sampling, trenching or drilling. Exploration permits are defined and described by Blocks and Sub-Blocks. Each Sub-Block is approximately three square kilometres in area. Exploration permits are not marked out on the ground. Rent is $121.50 per Sub-Block
Exploration Permits
Mineral Development Licences
Mineral Development Licences Mineral Development Licences allow the holder to undertake geoscientific programs, feasibility studies, metallurgical testing and marketing, environmental, engineering and design studies to evaluate the development potential of a defined resource. Mineral Development Licences can be granted by the Minister to the holder of an Exploration Permit for terms of up to five years and may be renewed. Mineral Development Licences are described by compass bearings and measured distances but are not required to be marked out on the ground. Rent is paid on a sliding scale: $3.54 per hectare during the first year $22.15 per hectare during the fifth and each subsequent year
Mining Claims
Mining Claims Mining claims are small tenures for commercial or recreational hand mining. Activities are restricted to mining with hand tools and approved minor ancillary machinery, such as jack-picks, windlasses, pulsators and trommels. No mechanized earth moving equipment can be used for mining. Mining claims are marked out on the ground with corner posts and described by compass bearings and measured distances. Mining claims can be granted for no more than a maximum area of one hectare, or less in certain areas prescribed by regulation. Mining claims can be granted for a maximum term of ten years, or less in certain areas subject to Native Title agreements and may be renewed. Mining claims are granted by the Mining Registrar. A public notification and objection process applies. Rent is $30.10 per Mining Claim.
Mining Leases
Mining Leases Mining leases are the main production tenure and may be granted for any term and with no restriction on size, except in certain areas prescribed by regulation. Mining leases are marked out on the ground with corner posts and described by compass bearings and measured distances. Mining leases entitle the holder to machine-mine for specified minerals or purposes associated with a mining operation. A public advertising and objection process applies. The Land and Resources Tribunal holds a hearing about the application and makes a recommendation to the Minister as to whether the mining leases should be granted. The mining lease may then be granted by the Governor-In-Council. Rent is $46.90 per hectare.
Indigenous Land Use Agreements for Opal Mining The State of Queensland has negotiated Indigenous Land Use Agreements with native title parties and miners that cover large opal producing areas. These agreements provide for the grant of mining and exploration tenures on certain terms and conditions. Applicants for mining or exploration tenures agree to these terms and conditions through execution of a Deed and payment of any fees. These agreements provide for the transfer of tenures, subject to the transferee assuming the obligations of the holder.
Winton Maiawali & Karuwali Peoples ILUA Conditions
Winton Maiawali & Karuwali Peoples ILUA Conditions EPM Conditions 12 month term No more than 4 Sub-Blocks if inside Restricted Area 257 No more than 8 Sub-Blocks if outside Restricted Area 257 Hold no more than two EPMs within the area at any one time Inspection fee of $100 per 25 hectares of Proposed Work Area (if not previously inspected) Compensation payment of $10 per Sub-Block
Winton Maiawali & Karuwali Peoples ILUA Conditions Mining Claim & Mining Lease Conditions Inspection fee of $100 per 25 hectares of Proposed Work Area (if not previously inspected). Compensation payment of $45 per mining claim. Compensation payment of $200 for mining lease no greater than five hectares or $200 + [(area + term) x $10] if greater than five hectares.
Quilpie ILUA Area
Quilpie Boonthamurra People ILUA Conditions Common Conditions No more than 10 hectares may be significantly disturbed at any one time Inspection Fee of $200 per day to cover 50 hectare area EPM Conditions EPM does not exceed 100 Sub-Blocks Mining Claim & Mining Lease Conditions Mining Claims Land Use Payment of $50 on grant or renewal Mining Leases Land Use Payment of $150 on grant plus Yearly Payment ($10 x area of lease)
Quilpie Budjiti and Mardigan Peoples ILUA Conditions Common Conditions No more than 10 hectares may be significantly disturbed at any one time Inspection Fee of $200 per day to cover 50 hectare area EPM Conditions EPM does not exceed 100 Sub-Blocks Mining Claim & Mining Lease Conditions Mining Claims Land Use Payment of $50 on grant or renewal Mining Leases Land Use Payment of $150 on grant plus Yearly Payment ($10 x area of lease)
Other Native Title Processes Public notice given under the Native Title Act 1993 (Commonwealth) about the application. Three month notification period. If at the end of the notification period there are no native title parties (registered native title claimants) the application may proceed without further reference to the Native Title Act 1993 (Commonwealth). Where there are registered native title claimants for the area of an application, a native title agreement must be reached about the application (RTN or ILUA).
Further Information Quilpie District Office Court House, Buln Buln Street Quilpie QLD 4480 PO Box 29, Quilpie QLD 4480 Tel: (07) 4656 1266 Fax: (07) 4656 1442 Winton District Office Court House, Vindex Street Winton QLD 4735 PO Box 230, Winton QLD 4735 Tel: (07) 4657 1727 Fax: (07) 4657 1760 www.dme.qld.gov.au