Independent review and NSW Government response

The Mining Amendment (Small-Scale Licences) Bill 2026 has been finalised and was introduced to Parliament on 15 September 2026. A copy of the Bill is available on the NSW Parliament website: Current session bills | Parliament of NSW.

The Bill represents the most significant update to the small-scale titles’ framework in more than a decade and is intended to deliver a more modern, fit-for-purpose legislative framework that better supports miners, landholders and the regional communities of Lightning Ridge and White Cliffs. 

The Bill focuses on three key areas, including increasing confidence and certainty for landholders and miners, supporting a modern, digital-based approach to administering opal mining, and consolidating and simplifying legislation to make it easier for stakeholders to understand. 

The timing of the Bill's consideration and passage is a matter for the NSW Parliament. NSW Resources will continue to engage with stakeholders on the status of the legislative reforms.

If the Bill is passed by Parliament, supporting amendments to the Mining Regulation 2016 will be developed and released for public consultation. This will provide all stakeholders with further opportunity to help shape the detailed operational requirements, conditions and processes that will apply in practice. 

The Independent Review recommended the current pause on the grant of mineral claims within OPA4 should continue until the reforms recommended by the Review are implemented.

A new order under Section 173A of the Mining Act 1992 prohibits applications for mineral claims over most of the land within OPA4 from 1 July 2026 indefinitely. 

A complementary order under section 224 of the Mining Act 1992 also prohibits applications for opal prospecting licences over areas in OPA4 for the same timeframe. 

Applications for mineral claims and opal prospecting licences will still be permitted in Opal Prospecting Blocks 200 and 202 at Lightning Ridge, where extensive mining activity already occurs.

These changes will not impact existing applications, mineral claims or opal prospecting licences within OPA4, but will prevent any new applications being lodged in this area.

The NSW Government is taking a staged approach to implementation to ensure affected stakeholders are supported throughout the transition. 

Some changes will take place by mid-2026, while others – such as implementing legislative changes – will occur over the next one to two years. 

A detailed review of relevant legislation (including to the Mining Act 1992) will take place. Following this review, we will propose any necessary amendments to support these reforms and ensure the framework is fit-for-purpose.  

The government’s response was informed by extensive consultation with miners, landholders and other key stakeholders undertaken as part of the Independent Review. 

A stakeholder working group chaired by the Hon. Stephen Lawrence MLC also helped inform the government response and associated action plan to the Review. 

Targeted consultation on the draft Small-Scale Licences Bill was held in July 2026. Feedback received during consultation informed development of the final Bill introduced to Parliament on 15 September 2026.

If passed by Parliament, supporting amendments to the Mining Regulation 2016 will be developed and released for public consultation to provide stakeholders with a further opportunity to help shape the detailed operational requirements, conditions and processes that will apply in practice. 

We are committed to ongoing consultation with key stakeholders as the changes to the opal mining framework are implemented.

The Review highlighted the NSW Government’s role in encouraging responsible mining, while providing a framework that balances the interests of miners and landholders. 

We know both groups want greater certainty about where small-scale mining can happen and how it’s managed.

To support this, the NSW Government will: 

• continue the pause on mining on Opal Prospecting Area 4 (OPA4)
• exclude the Lightning Ridge Plainsland from mining operations and redefine the White Cliffs and Lightning Ridge Mineral Claims District areas.
• allow up to 8 mineral claims per person and implement new mineral claim classes
• provide certainty of tenure for dwellings on current mineral claims
• simplify mineral claim conditions
• implement revised standard landholder compensation amounts.

To strengthen the rehabilitation framework and deliver better environmental outcomes, the NSW Government will:

• strengthen rehabilitation standards across private and public land
• investigate beneficial reuse of mullock stockpiles
• simplify access to the rehabilitation levy funds.

Over the next 12 months, the NSW Government will update security bond requirements to ensure there are enough funds to deliver effective rehabilitation outcomes if a mineral claim is not restored. 

Affected stakeholders will be consulted as part of this process.

We acknowledge there is a need to balance support for industry with sustainable practices, rehabilitation and appropriate cost recovery. 

This may include increased costs for miners where appropriate. Titleholders will be consulted as part of this process.

The NSW Government will move towards a more modern, digital-based system for managing opal mining. This will make processes faster, simpler and more consistent with the broader mining industry.

Digital systems will be phased in gradually, with support for stakeholders as we transition away from paper-based approaches.

Yes. Training programs will be reviewed and updated, and new modules developed by relevant agencies to make sure miners understand their legal, environmental and land management responsibilities. 

Key stakeholders will be invited to provide input during this process.

If you have any questions about the reforms, please contact the Small-Scale Titles Project Team at sstproject@dpird.nsw.gov.au.

For business-as-usual enquiries about Small-Scale Titles, please contact the Lightning Ridge office on 02 6820 5200 or lightningridge.office@dpird.nsw.gov.au.