NSWIn ForceAct
Mining Act 1992
364ADocuments or information provided under conditions requiring reporting
Start here
Get a plain-English read of 364A
Turn the raw legal text into a practical explanation grounded in Mining Act 1992.
#### 364A Documents or information provided under conditions requiring reporting
364A Documents or information provided under conditions requiring reporting
> > (1) Any document or information provided under a condition of an authorisation referred to in clause 7 (2) (g) of Schedule 1B may be taken into consideration by the Secretary or the relevant decision-maker and used for the purposes of this Act, including for the purposes of the prosecution of offences under this Act or the regulations.
>
> > (2) The Secretary is authorised, despite any other Act or law, to provide a relevant agency with any such document or information.
>
> > (3) Any such document or information is required to be provided by the holder of an authorisation, whether or not the document or information might incriminate the holder.
>
> > (4) However, information provided by a natural person in compliance with a condition of an authorisation referred to in clause 7 (2) (g) of Schedule 1B is not admissible in evidence against the person in criminal proceedings (other than proceedings for an offence for providing false and misleading information) if the person, when providing the information, objected to the provision of the information on the grounds that it might incriminate him or her.
>
> > (5) In this section—
> >
> > relevant agency means—
> >
> > > (a) the Department, or
> >
> > > (b) a public authority engaged in administering or executing the environment protection legislation, the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or such other legislation, if any, as may be prescribed by the regulations.
>
> **s 364A:** Ins 2015 No 40, Sch 1 \[109\].