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To rectify decades of error and past differences overnight is impossible.
To witness an opal industry which may have stood still in terms of accepting regulatory bodies, negotiate, transform and comply over a period of 15 years, is indeed a miracle.
The transition from hand-miner to businessman with a considerable investment has been a difficult one. This transition has come not without sacrifice or compromise.
Whilst each of the areas’ industries; mining, tourism and grazing have self-identities, they are very closely intertwined, interrelated and interdependent.
Provisions within the Mining Act confer certain rights upon miners.
18D(III) states no lessee shall prevent any persons duly authorised in that behalf from cutting or removing timber or material or from searching for any mineral within the land lease.
Schedule A (K) Reservations in favour of the Crown of all minerals, metals, gems, precious stones, coal and mineral oils, together with all rights necessary for ingress, egress, search ,prosecution and removal and all incidental rights and powers.
A clearer definition of access arrangements is sought by some landholders.
The rights the Mining Act confers comes with a tag of 26 conditions that must be complied with.
In condition 25 the Crown seeks indemnity.
Condition 26 indemnifies the affected landholder against any liability that may arise.
Landholders argue that this is inadequate.
NSW Department of Mineral Resources Media Liaison Officer was invited to comment.
“A new condition under the Mineral Claims Conditions brought in last year (Condition 26) provides a higher degree of protection for landholders concerning miners working on their land.”
Seeking a time frame on the Legislative Amendment that the Lightning Ridge Miners Association felt may give greater protection, we were advised, “at this point there is nothing planned for a Legislative Amendment.”
If this gives the landholder the required level of protection, why is it being withheld at this point?
To further demonstrate the compliance today’s miner has been required to meet, he must:
*pay compensation to the grazier;
*contribute to a road fund;
*pay rates to Council;
*be subject to increased fees and bonds;
*make payment to central pool in the event of Native Title being determined; and
*undergo a safety course.
Rehabilitation today is such that all that is permitted to remain on the claim is a mound of dirt over back-filled holes and shafts.
The consequence of noncompliance is increased bonds.
The preserved fields do not require that the holes are back-filled but must be made safe.
The long-term rehabilitation of the mining fields is under the watchful eye of the LRMA.
The consulting firm engaged to look at the rehabilitation objectives have, along with the Department Mineral Resources, agreed that current rehabilitation standards are appropriate.
It is expected that a rehabilitation levy will be introduced within 12 months to rehabilitate areas to an acceptable level, on and off mineral claims once mining activity has diminished.
There are a multitude of rights and acts that both mining and grazing are confronted with daily. It is the overlapping of these Acts that causes concern.
An appropriate forum exists for miners, graziers and government instrumentalities to air these concerns - the Lightning Ridge Mining Board.
Greater transparency
and reports from this Board would help lift the cloud that often surrounds it and may keep the community better informed.
At the risk of being over-regulated the opal industry has bounded into the 21st century.
Sustaining this development is ensuring the future of Lightning Ridge and surrounding fields. This could well be achieved through industry assistance and incentives.
“The sort of community that God wishes us to be in is one which is based upon individuals acting responsibly and with self-control to the will of God.
“God does not desire us to be a community that is motivated by self-gain and greed, for that is a community that is destined to destroy itself,” wise words from Pastor Rick Maude.
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