South Australian Consolidated Acts

MINING ACT 1971 - SECT 77D

77D—Release of matter

        (1)         The Director of Mines may release any report, information, sample or other material of a prescribed kind obtained from the holder or former holder of a mining tenement under this Act.

        (2)         The Director of Mines may act under subsection (1)—

            (a)         on the Director's own initiative or on application made to the Director in a manner and form determined by the Director; and

            (b)         whether or not the mining tenement to which the report, information, sample or other material relates is still current.

        (3)         However, if the mining tenement is still current, the Director of Mines must not act under subsection (1) without—

            (a)         the consent of the holder of the mining tenement; or

            (b)         the consent of the Minister.

        (4)         The Minister must consult with the holder of the mining tenement before deciding whether or not to grant a consent under subsection (3).

        (5)         Subsections (3) and (4) do not apply—

            (a)         to the release of information in circumstances prescribed by the regulations in connection with the operation of this section; or

            (b)         to the release of statistical information in connection with the general administration of this Act.

        (6)         The Director of Mines may release any report, information, sample or material under this section—

            (a)         in such manner and form as the Director thinks fit; and

            (b)         subject to such conditions as the Director thinks fit.

        (7)         Without limiting subsection (6)(b), a condition under that subsection may require that a person enter into a bond in such sum, and subject to such terms and conditions, as the Director may require in connection with the release or use of any report, information, sample or material.

        (8)         A person who contravenes or fails to comply with a condition under subsection (6)(b) is guilty of an offence.

Maximum penalty: $120 000.

        (9)         A person to whom any report, information, sample or material is released must, if required by the Director of Mines, furnish to the Director specified reports or information, or reports or information of a specified kind, in accordance with any requirement specified by the Director.

Administrative penalty.

        (10)         The Director of Mines must, in acting under this section, comply with any other requirement or restriction prescribed by the regulations for the purposes of this section.