MINING REGULATIONS 1981 - REG 96
MINING REGULATIONS 1981 - REG 96
96 . Release of mining information
(1) In this
regulation —
combined mineral exploration report means a
combined mineral exploration report filed in accordance with arrangements
referred to in section 115A(4);
mineral exploration report includes a combined
mineral exploration report;
mining information means —
(a)
information contained in —
(i)
a mineral exploration report; or
(ii)
an operations report; or
(iii)
a report required under regulation 36(d) or
41(d); or
(iv)
a production report furnished under
regulation 85A(1) or (2),
irrespective of when
the report was filed, furnished or otherwise given; and
(b) any
other information relating to mining supplied to the Minister, a warden or an
official of the Department under the Act irrespective of when the information
was supplied,
but does not include —
(c)
information of the kind described in paragraph (a) or (b) if it is in the
form of mining statistics compiled under regulation 95A; or
(d)
information of the kind described in paragraph (b) if it is environment
information as described in regulation 96CA(2);
operations report has the same meaning as in
section 115A(1);
release means publish, print, reproduce or
otherwise make available to the public.
(2) The Minister may
only release mining information —
(a) with
the written consent of the holder for the time being of the mining tenement
the subject of the information or of a mining tenement granted in renewal or
substitution of that mining tenement; or
(b)
after the expiry of the period of 3 months immediately following the
surrender, forfeiture, expiry or cancellation of the mining tenement the
subject of the information or of a mining tenement granted in renewal or
substitution of that mining tenement; or
(c) in
accordance with subregulation (4); or
(d) in
the case of a combined mineral exploration report, in accordance with
subregulation (7).
(3) Despite
subregulation (2), a person may, on payment of the prescribed fee, obtain
at the Department at Perth a copy of the front page of an operations report in
the form of Form 5, together with either Attachment 1 — “
Summary of Mineral Exploration/Mining Activities ” or Attachment 2
— “ Summary of Prospecting and/or Small Scale Mining Activities
”, as the case may be.
(4) Subject to
subregulation (5), the Minister may release mining information that has
been held at the Department for a period of 5 years or more.
(4a)
Subregulation (4) does not apply to mining information that consists of
information as to sales value contained in a production report furnished under
regulation 85A(1).
(5) The Minister may,
upon the written application of the holder of a mining tenement the subject of
mining information to which subregulation (4) applies or of a mining
tenement granted in renewal of or substitution for such a mining tenement,
refuse to release the information for a further period or further periods not
exceeding 5 years in each case.
(6) An application
under subregulation (5) shall set out the reasons why the mining
information should not be released immediately.
(7) If —
(a) a
mining tenement, or part of a mining tenement, the subject of information in a
combined mineral exploration report is surrendered, forfeited or expires or is
cancelled; and
(b) the
former holder of that mining tenement or that part of the mining tenement
fails to provide a separate mineral exploration report in respect of the
mining tenement or part of the mining tenement within the period of
3 months immediately following its surrender, forfeiture, expiry or
cancellation,
the Minister may, at
the expiry of the period referred to in paragraph (b), release
information relating to any mining tenement contained in the combined mineral
exploration report.
[Regulation 96 inserted: Gazette
13 Oct 1995 p. 4819‑20; amended: Gazette
11 Jun 1999 p. 2544; 3 Feb 2006 p. 597-9;
15 Jan 2010 p. 112; 7 Dec 2012 p. 5995.]