Div 6Information

Division 6—Information 15AI—Interpretation (1) In this Division— designated material in relation to a mineral tenement means— (a) records of surveys and other operations carried out under, or for the purposes of, the mineral tenement; and (b) geological samples (including drill samples) and logs; and (c) records that evidence the quantity and value of minerals recovered from land comprised in the tenement that are liable to the payment of royalty under this Act; and (d) information and material prescribed by the regulations (including information that relates to a transaction); and (e) information and material specified by the Director from time to time in accordance with subsection (2) (either generally or in relation to a specified mineral tenement or class of mineral tenement); designated person means— (a) the Minister; and (b) the Director of Mines; and (c) the Mining Registrar and other mining registrars; and (d) an authorised officer; and (e) any person acting under the authority of a person referred to in a preceding paragraph; and (f) any other person brought within the ambit of this definition by the regulations; prescribed material means any document, instrument, report, information, samples or other material— (a) created under this Act; or (b) provided to a designated person under this Act, or otherwise obtained by a designated person under this Act. (2) The Director may specify information or material as designated material— (a) by notice in the Gazette; or (b) in the case of a notice that relates to a specified mineral tenement—by notice served on the tenement holder in the manner prescribed by the regulations. (3) The Director may vary or revoke a notice under subsection (2) by a further notice of a similar kind. 15AJ—Compilation, keeping and provision of material (1) A tenement holder must compile or create designated material relating to the tenement in accordance with any requirements prescribed by the regulations. (2) A tenement holder must keep all designated material— (a) in a form prescribed by the regulations or approved by the Director; and (b) in a place that complies with any requirements prescribed by the regulations or that is approved by the Director; and (c) for a period prescribed by the regulations or approved by the Director. (3) A tenement holder must, as required by the regulations, provide to the Director any designated material of a prescribed kind. (4) A tenement holder must, at the request of the Director or a person acting under the written authority of the Director, produce, at the place specified by the Director or the person acting under that written authority, any specified designated material or designated material of a specified kind. (5) Any designated material provided or produced under subsection (3) or (4) must comply with any requirements— (a) prescribed by the regulations; or (b) specified by the Director in the manner prescribed by the regulations. (6) In the case of any designated material provided or produced to the Director or another person under this section, the Director or other person may— (a) take extracts from, or copies of, the designated material; or (b) retain the designated material. 15AK—Tests (1) A tenement holder must, at the request of the Director or a person acting under the written authority of the Director, permit a person nominated in the request to make tests, and take samples of minerals, in relation to or from land comprised in the mineral tenement. (2) The Director may retain any material produced or taken under subsection (1). 15AL—Release of material (1) Subject to this section, the Minister or the Director may, in such manner as the Minister or the Director thinks fit, release any prescribed material. (2) The Minister or the Director must not release prescribed material that relates to a private mine. (3) Subsection (1) does not authorise the release of any prescribed material if— (a) the release would be contrary to any other Act or law; or (b) the release would be in breach of an order of a court or tribunal constituted by law; or (c) the release would involve the disclosure of a trade secret; or (d) the release would be contrary to any requirement or restriction prescribed by the regulations. (4) The Minister or Director may release any prescribed material under this section— (a) in such manner as the Minister or Director thinks fit; and (b) subject to such conditions as the Minister or Director thinks fit. (5) A person who contravenes or fails to comply with a condition under subsection (4)(b) is guilty of an offence. Maximum penalty: $120 000. (6) Subsections (1), (2) and (3) do not— (a) limit the ability of the Mining Registrar to publish or release, or to allow access to, any instrument, document or other item or material registered on the mining register; or (b) limit the operation of any other section that provides for publication or release of any instrument, document or other item of material. (7) No action lies against the Minister or the Director in respect of the contents of any prescribed material released under this section (including where the release amounts to the publication of any material).