Independent review and NSW Government response
In June 2023, the NSW Government announced the Independent Review into the Statutory Framework for Small-Scale Titles in NSW (the Review).
NSW Government’s response to the review
The NSW Government supports 74 of the 81 recommendations from the Review to strengthen the state’s opal industry.
The government’s response sets out an action plan with three key focus areas, including:
- improving confidence and certainty for landholders and miners
- strengthening NSW’s rehabilitation framework to deliver effective rehabilitation outcomes
- implementing a modern, digital-based approach for opal mining.
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 action plan will be rolled out in stages, with a commitment to ongoing consultation with affected stakeholders.
View the NSW Government’s response to the independent review (PDF, 446.22 KB)
Independent review into small-scale titles
In June 2023, the NSW Government announced the Independent Review into the Statutory Framework for Small-Scale Titles in NSW.
Following an open competitive tender process, former Land and Environment Court Judge and NSW Attorney General, Terry Sheahan, AO, was appointed to lead the Review, supported by the law firm Norton Rose Fulbright Australia.
The Review analysed the statutory framework for the administration and regulation of small-scale titles for opal mining. It considered issues such as land access and landholder compensation and gathered feedback from stakeholders to develop informed recommendations for the government.
View the terms of reference for the independent review (PDF, 4.57 MB)
Consultation and feedback
The Review carried out stakeholder consultation to inform its analysis of the statutory framework and regulation of small-scale titles for opal mining. This included site visits and face-to-face engagement across the White Cliffs and Lightning Ridge Mineral Claims Districts.
An issues paper was released in December 2023, with almost 370 written submissions considered as part of the Review.
Report
The Review made 81 recommendations to enhance and support the opal industry’s efficacy and sustainability.
These recommendations covered a range of topics crucial to the industry’s operation including land access and landholder compensation, rehabilitation and modernising the framework.
Small scale titles independent review (PDF, 4.57 MB)
Common questions
How long will it take for the changes to happen?
The NSW Government is taking a staged approach to implementation to ensure affected stakeholders are supported throughout the transition.
Some changes will take place within the next 6 months, while others – such as implementing legislative changes – will occur over the next one to 2 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.
What consultation occurred?
The government’s response was shaped through extensive engagement with miners, landholders and other key stakeholders to make sure the changes were fair and practical.
A working group chaired by the Hon. Stephen Lawrence MLC, made up of key stakeholders and NSW Government representatives, met regularly throughout 2024-25 to discuss the Review and its recommendations.
The NSW Government also worked closely with claim holders and landowners to ensure the ongoing co-existence of agriculture and mining.
We will continue to work closely with stakeholders as the changes to the opal mining framework are implemented.
What changes will be made to improve certainty for landholders and miners?
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 moratorium 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.
What are the changes to landholder compensation?
Over the next 6months, the NSW Government will implement appropriate standard compensation determinations for both the White Cliffs and Lightning Ridge Mineral Claims Districts.
All affected stakeholders will be consulted throughout the process.
In the longer term, the legislative framework will be amended to include a regular review period for standard compensation amounts.
What is changing in the way rehabilitation is managed?
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.
What is happening with security bond deposits?
Over the next 6 to 18 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.
Will the changes result in additional or increased costs for miners?
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.
How will opal mining systems be modernised?
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.
What changes have already been made?
In May 2025, the NSW Government updated the Mining Regulation 2016 to allow certain applications to be lodged electronically, including:
- all small-scale title renewal applications
- applications for grant or transfer of mineral claims within the White Cliffs Mineral Claims District
- applications for grant of opal prospecting licences within the White Cliffs Mineral Claims District.
Will there be training provided?
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.