Ms CHARISHMA KALIYANDA (Liverpool) (18:28): I am pleased to speak in support of the Mining Amendment (Mineral Claims—Opal) Bill 2023. I acknowledge the value of the opal industry to New South Wales. Lightning Ridge is famous for producing black opal, the most valuable form of opal in the world. This may not be known to all, but the opal is the official gemstone of New South Wales. White Cliffs is well known for producing seam opals.

In my contribution I will focus on several key elements of the bill, the first being the collection and expenditure of money. The department has collected, expended or refunded fees and levies in relation to the invalid mineral claims. The bill will ensure the validity of those moneys that have been collected, expended or refunded. This includes the collection of security deposits under conditions of mineral claims, landholder compensation under the Mining Act and duties under the Duties Act 1997. Security deposits are an important part of ensuring effective rehabilitation of utilised areas and lands, and the importance of rehabilitation was highlighted by my fellow member of the House in their address. The bill will allow the Government to lawfully retain any security deposits over areas affected by opal mining during the invalidity period. Security deposits are funds held by the department to ensure that rehabilitation is carried out if a miner defaults on their obligations. These security deposits are an integral part of our environmental rehabilitation framework, and it is imperative we can continue to keep any funds already collected as security for mining activities that occurred under the affected mineral claims.

The bill also provides certainty to landholders. By validating mineral claims, compensation paid to them will not have to be refunded as it will be taken as legally paid. Furthermore, the Government recognises the impact that the invalidity issue has had on miners during the height of the mining season. As such, the department commenced a refund scheme, refunding the application fees and the administrative levy payment made against the affected mineral claims for miners with current affected mineral claims who had their right to mine affected for a time. To that effect, the bill contains provisions that validate the collection, expenditure or refund of any money by or on behalf of the Crown, landholders and any other person in association with an affected mineral claim. It will ensure that the department acted lawfully when it collected or refunded money in relation to applications for the invalid mineral claims.

The second element of the bill that I focus on is the benefit it will have regarding the prevention of legal claims. The invalid mineral claims give rise to the potential for liability risks for miners, landholders and the State. That creates an environment of uncertainty for stakeholders and the Government, which we seek to avoid through the bill. As a result of the invalid mineral claims, miners who thought they held valid mineral claims have been entering land and mining without authority. That exposes them to significant legal risks. This legislation will prevent legal claims against miners for such actions by retrospectively validating mineral claims, putting into effect what was understood by the miners, legally validating their mining activities. This uncertainty must be removed to restore confidence to the working relationships required to mine opals in New South Wales. We also want to protect the industry contribution to their local economies. The bill will clear the air of any liability issues and allow miners, landholders and the Government to work together with assurance.

The invalid grant, renewal and transfer of mineral claims also exposes the State to legal risk. Without this legislation, legal action could be taken against the State by miners and landholders. Retrospectively validating the affected claims will afford stakeholders the legal protection they need to continue mining with confidence. In this respect, the bill will help prevent successful legal claims against the State or any other person arising out of the invalid mineral claims and allow the opal mining industry to operate free of any questions of liability. In preparing my contribution, I have heard a great deal of information explained in the House about opals and the mining process. I also learnt about how Lightning Ridge got its name after a shepherd, his dog and 600 sheep were killed during a fierce electrical storm while sheltering in a low ridge in the area. The Aboriginal explanation for the opals discovered in the area refers to a legend that predates this story. A huge wheel of fire fell to earth and sprayed the countryside with brilliant coloured stones. Those stones have contributed to the New South Wales economy for the past 150 years or longer. That is why I support the bill and the need for a quick resolution to this issue. I commend the bill to the House.