39Access to confidential information

39 Access to confidential information (1) This section applies if the holder of a mineral title under the Mineral Titles Act 2010, an environmental (mining) licence under the Environment Protection Act 2019 or a petroleum licence or petroleum permit under the Petroleum Act 1984, has given any of the following to a person as required by that Act: (a) water samples of, and data about, underground water encountered during exploration drilling; (b) a geological sample, including a drill core and cutting; (c) a report relevant to the mineral title, environmental (mining) licence, petroleum licence or petroleum permit. (2) Either or both of the Controller and the Minister may do any of the (a) have access to anything mentioned in subsection (1)(a) to (c); (b) arrange for an analysis of a sample mentioned in subsection (1)(a) or (b); (c) obtain copies of reports mentioned in subsection (1)(c). (2A) The Controller and the Minister may share anything mentioned in subsection (2) with each other. (3) Subsections (2) and (2A) apply to the Controller and the Minister: (a) regardless of any provision in the Mineral Titles Act 2010, the Environment Protection Act 2019 or the Petroleum Act 1984 relating to confidentiality; and (b) without the need to obtain the permission of the holder of the mineral title, environmental (mining) licence, petroleum licence or petroleum permit. (a) the person obtains information under this section in the course of performing a function connected with the administration of this Act or exercising a power under this Act; and

Water Act 1992 39 (b) the information is confidential and the person is reckless in relation to that circumstance; and (c) the person intentionally engages in conduct; and (d) the conduct results in the disclosure of the information and the disclosure is not: (i) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or (ii) to a person who is otherwise entitled to the information; and (e) the person is reckless in relation to the result and circumstance mentioned in paragraph (d). (4A) Strict liability applies to subsection (4)(a). (4B) If the information mentioned in subsection (4) relates to a person, it is a defence to a prosecution for an offence against that subsection if the person has consented to the disclosure of the information. Example for subsection (4B) A person to whom the information relates includes a person who has a direct interest in the information remaining confidential because the information is financial, commercial, personal or cultural information. Note for subsections (4) to (4B) In addition to the circumstances mentioned in these subsections, a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code). (5) In this section: environmental (mining) licence, see section 4 of the Environment mineral title means: (a) a mineral title as defined in section 11(1) of the Mineral Titles Act 2010; or (b) a non-compliant existing interest as defined in section 204(1) of the Mineral Titles Act 2010.