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)](#GS167@Gs3@EN) . > > > > 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.