The future of opal mining in the tiny outback township of White Cliffs remains in limbo, as approvals languish on the desk of the Australian Attorney General Michelle Rowland.

In Short

• Decade-Long Moratorium: Thousands of small-scale opal mining claims in White Cliffs were rendered invalid due to administrative errors and are now stuck in a lengthy federal approvals process, effectively halting new mining for years.
• Livelihoods in Limbo: Miners face severe financial and health stress, with equipment sitting idle. The local economy is in a prolonged slump due to the inability to register new claims or work previously invalid ones.
• Federal Bottleneck: While the Barkandji Native Title Group and the NSW Attorney General have provided approval, the final crucial concurrence required under the Native Title Act 1993 is languishing on the desk of Federal Attorney-General Michelle Rowland.

Following legislative changes to the Mining Act 1992 in January 2015, procedures for processing mineral claims were incorrectly implemented, according to local miners.

The error meant that thousands of small-scale opal mining titles in both White Cliffs and Lightning Ridge, which were granted, renewed, or transferred between January 1, 2015, and February 13, 2023, were later deemed invalid.

Many miners were abruptly advised to "cease all activities," putting hundreds of livelihoods in jeopardy.

Although the NSW Government introduced the Mining Amendment (Mineral Claims – Opals) Act 2023 in October 2023 to retrospectively validate most of these claims, the lengthy stop-work period and the ongoing administrative process for re-determination created significant financial and emotional stress for the local population.

Further complicating the situation is the issue of Native Title, which adds a layer of complexity to the land access requirements.

The formal recognition of the Barkandji Traditional Owners’ Native Title claim in parts of the White Cliffs area in 2015 has meant that the granting of new mineral claims or leases - classified as "future acts" - required negotiation and approval.

Hundreds of mineral claim applications have been left pending for years because they require a specific determination from the Federal Attorney-General under Section 26C of the Native Title Act 1993.

The protracted legal process, which has been delayed despite stakeholder agreements, has effectively placed a moratorium on mining in areas of White Cliffs for the last decade, leading to deep frustration among miners who are unable to work their claims and causing a prolonged slump in the town’s economy.

Miner John McCaskill says the stress of halting of any new mining leases has caused economic stress on miners, to the point it has impacted their health.

“My mining partner – another ex-copper – he’s also a jeweller. He had a stroke 12 or 18 months ago and it killed him. That’s the worry of all this business.

“We’ve all got money in it. I’ve got my super in it, but my machinery just sits out there in the opal field because I can’t mine. I’m not allowed.”

John explained the existing working mines can continue, but no new claims can be registered, while the impact of Commonwealth native title determinations on NSW leases is decided.

“I'm not allowed to peg a claim,” John explained.

“Anyone who was caught between leases when they suddenly changed their minds hasn’t been able to make an income for all those years.”

Member for Barwon Roy Butler MP told Back Country Bulletin that the approval process has stalled at the federal level.

"The Barkandji Native Title Group needed to agree to allow mining to recommence which they did," Mr Butler explained.

"At a state level, the attorney general Michael Daley has signed off at his end to say 'Yep - I've accepted what the Barkandji Native Title Group have said that they are happy for mining to go ahead.'

"It needs a concurrence from the federal minister Michelle Roland.

"She's had that for quite some time now and unfortunately it's not moved."

Back Country Bulletin contacted Minister Rowland, seeking a timeline for the decision to be made.

The Minister asked a spokesperson from the First Nations and Justice Policy Division to respond on her behalf.

"We confirm that the New South Wales Attorney General has made a request in writing for a determination that an area within the White Cliffs Mineral Claims District is an approved opal or gem mining area under section 26C of the Native Title Act 1993

(the Act).

"If an approved opal or gem mining area determination is made, the right to negotiate provisions under the Act will not apply to individual grants for exploring or prospecting, mining or puddling in respect of opals or gems in the area.

"A determination under subsection 26C(2) of the Act may only be made if a number of conditions are satisfied.

"The Attorney-General’s Department has conducted an assessment against the relevant conditions and is working constructively with the NSW Department of Planning, Housing and Infrastructure to finalise the necessary material for a request that satisfies the

requirements of the Act.

"We are unable to provide further information about an announcement at this time."

Read more:

"I've got my super in it": The opal mining ban that's rocking White Cliffs

Underground War: Native Title vs. Home Ownership in the White Cliffs Dugouts