Member for Barwon Roy Butler said he is still waiting for a determination from Federal Attorney General Michelle Rowland, that could allow opal mining to continue in the outback township of White Cliffs.

In Short:

• 10-Year Bureaucracy: 134 opal mining claims and the freehold ability for dugouts in White Cliffs have been pending since 2015 due to the Barkandji native title determination.
• 'Lies' and Mental Health: MP Roy Butler alleges dugout residents were 'lied to' by Crown Lands about their ability to freehold land until 2019, contributing to a "fragile state of people's mental health."
• Federal Decision Pending: The fate of the mining rests on a Section 26C determination by Federal Attorney-General Michelle Rowland, a ruling that would streamline low-impact opal mining but remains delayed despite recent contact.

In May 2025 Mr Barwon raised the issues in NSW Parliament, saying dugout residents and miners had been lied to.

“In 2015 native title was granted to parts of White Cliffs. To own land where there is a native title claim would cancel out that native title. However, until 2019, Crown Lands continued to inform dugout residents that they would be able to freehold.

“The truth was that owning the dugouts outright would be impossible and they had been told a lie for years.

“Not only that but, since the date of effect of the Barkandji native title claim, White Cliffs mineral claims have been pending—134 of them, in fact. So, through no fault of their own, the White Cliffs community can no longer own their family homes or mine for opal at full capacity.

The native title claim of the Barkandji Traditional Owners was approved in 2015, meaning mineral claims and leases in White Cliffs have been pending for ten years.

“Following approval from the Barkandji Native Title Group Aboriginal Corporation, a determination under section 26C of the Act is required,” Mr Butler said

“That is where the State Attorney General writes to the Federal Attorney-General requesting that they make a determination, taking into consideration the approvals already received from the native title and the State Attorney General. For White Cliffs miners and some residents, the red tape has been overwhelming. My office in Broken Hill has received correspondence from members of the community about the fragile state of people's mental health.”

Mr Butler’s office said Ms Rowland has been contacted as recent as a July, yet the official reply gives no insight into an end to this bureaucratic nightmare.

“The Department is currently undertaking an assessment to determine these conditions.

“I can advise that this assessment is in the final stages.

“I am unable to provide further information in relation to the outcome until this assessment is completed.”

A s26C determination refers to a specific provision within the 1993 Native Title Act related to the Future Act regime.

It is not a determination of native title itself, but rather a determination regarding a specific class of activities that are excluded from the standard “right to negotiate” process with native title holders.

A “future act” is an action proposed by a government or third party that affects native title rights and interests In White Cliffs it refers to the granting of working mining leases.

Section 26C specifically deals with excluded opal or gem mining: It allows the relevant Minister to determine that a specified area is an “approved opal or gem mining area.”

If an area is covered by an s26C determination, then certain low-impact activities related to opal or gem mining (like exploration, prospecting, or small-scale mining for five-year terms) are excluded from the more intensive “right to negotiate” process under the Act.

In essence, a s26C determination is a mechanism to simplify and streamline the grant of certain small-scale, traditional types of resource-related rights in declared opal or gem mining areas, while still requiring consultation with native title parties.

Read more:

Dugouts Crisis: Native Title Extinguishes Freehold Dreams