167Encroachment of water

167 Encroachment of water

(1)  Any person may apply to the Mining Tribunal for an order authorising a suitably qualified person to survey or inspect any land on which water has encroached, or is likely to encroach, as a result of any mining operations.

(2)  The Mining Tribunal may make the order subject to any conditions.

(3)  A person authorised by the order may enter on any land, mine or building to –

(a) make any survey or inspection; and

(b) use any engines, machinery and appliances that are in the mine.

(4)  The owner or person in charge of a mine must not hinder, obstruct or delay a person from exercising any powers under subsection (3) .

Penalty:  Fine not exceeding 50 penalty units.

(5)  A person making a survey or inspection must not divulge any confidential information acquired in the course of the survey or inspection unless the person –

(a) is required also to give effect to the order of the Mining Tribunal; or

(b) has the written consent of the owner of the mine; or

(c) is required to do so in any legal proceedings.

Penalty:  Fine not exceeding 50 penalty units.