Malaysia legislation

Section 58

of *MINERAL DEVELOPMENT ACT 1994

Section 58

(a)

for a period of three years from the date of submission of the report; or

(b)

for a period of one year from the date of expiry of the licence, whichever period shall so first expire, except with the written consent of the holder of the prospecting licence or exploration licence.

(2)

Subject to subsection (4), no information contained in any report submitted as required by any office or officer of the

Government regarding any proprietary mining licence or mining lease shall be disclosed by such office or officer for a period of one year from the date of expiry of the licence or lease except with the written consent of the holder of such proprietary mining licence or mining lease.

(3)

All information submitted in support of an application for a mineral tenement or for the renewal thereof and supplied to any

Mineral Development 43

office or officer of the Government shall be kept confidential by such office or officer—

(a)

where the application is refused, for a period of six months from the date of such refusal; or

(b)

where the application is approved, for a period of six months from the date of expiry of the licence or lease.

(4)

Nothing in subsection (1), (2) or (3) shall operate to prevent the disclosure of information where the disclosure is made—

(a)

for or in connection with the due administration of this

Act;

(b)

for the purpose of any legal proceedings;

(c)

for the purpose of any investigation or inquiry conducted under this Act;

(d)

to any consultant to the Government or to any officer who is approved in writing by the Minister as the proper person to receive the information; or

(e)

for or in connection with the preparation by the

Government of statistics in respect of exploration or mining operations.

Prohibition on abuse of information obtained in official capacity