90Permit holder records and reports

1. Each permit holder must keep detailed records and reports in respect of all prospecting, exploration, mining, decommissioning activities, and post-decommissioning activities conducted by or on behalf of the permit holder—

2. in accordance with the conditions of the permit and the regulations; and
3. in a form that is readily accessible at all reasonable times by the chief executive or any person authorised in writing by the chief executive.

4. Without limiting the generality of subsection (1), the records and reports required to be kept include—

5. financial records, including any financial records required to be kept and retained under the Tax Administration Act 1994:
6. commercial records, including any feasibility studies:
7. scientific and technical records:
8. any calculations made in support of the above records:
9. records, reports, statements, or any other documentation or information required under other legislation, if regulations made under this Act prescribe that they must be retained for the purposes of this Act:
10. any other records or reports prescribed by regulations.

11. Each permit holder must provide to the chief executive, in accordance with the conditions of the permit and the regulations, a copy of the records and reports required to be kept under subsection (1) and, on the expiry of whichever of the periods referred to in subsection (6) first occurs, the chief executive must send a copy of those records and reports to the person designated by the Minister for the purposes of this subsection.

12. If requested by the chief executive to do so, a permit holder must provide to the chief executive—

13. a copy of any report made by or for the permit holder in respect of any activities under the permit:
14. a report on any specified aspect of the permit holder's activities under the permit.

15. When part of a permit is relinquished under section 35B or 35C or surrendered under section 40, the permit holder must provide to the chief executive separate copies of all geological, geophysical, and other reports previously provided to, or requested by, the chief executive under subsections (1) to (3), showing, separately, details in respect of the area of land in respect of which the relinquishment or surrender occurred.

16. If a permit is revoked or transferred to the Minister under section 39, the person who (immediately before the permit was revoked or transferred) was the permit holder must provide to the chief executive any report, document, or other information as required by the regulations.

17. The information supplied by a permit holder under subsections (1) to (3), other than information in relation to permits specified in subsection (7), must be made available by the chief executive to any person who requests it, on the payment of a reasonable charge for the costs incurred in making the information available, on and from the earliest of the following events:

18. the expiry of 5 years from the date on which the information was obtained by the permit holder:
19. the expiry of the permit and every subsequent permit in respect of that permit (in so far as the information relates to land covered by both the initial and any subsequent permit):
20. if the permit holder surrenders the permit and is concurrently granted (under section 36(2)(b)) an extension of land for an equivalent permit and the extension includes land to which the surrendered permit applied, the expiry of the extended permit and every subsequent permit in respect of the extended permit (in so far as the information relates to land covered by the surrendered permit, the extended permit, and any subsequent permit in respect of the extended permit).

21. The information supplied by a permit holder under subsections (1) to (3) in respect of a prospecting permit for petroleum, or a non-exclusive prospecting permit for a mineral other than petroleum, must be made available by the chief executive to any person who requests it, on the payment of a reasonable charge for the costs incurred in making the information available, on and from the earlier of the following events:

22. the expiry of 15 years from the date on which the information was obtained by the permit holder:
23. the conclusion of a public tender process for exploration permits to the extent that the information relates to land to which the public tender relates, except if the public tender process concludes earlier than 5 years from the date on which the information was obtained by the permit holder, in which case, the expiry of the 5 years.

24. Despite subsection (7), all information provided under subsections (1) to (3) to the chief executive by a non-exclusive petroleum prospecting permit holder who is determined to be a speculative prospector under section 90C must be made available by the chief executive to any person who requests it on or after the expiry of 15 years after the date on which the information was obtained by the permit holder.

25. The chief executive may, but is not required to, publish on an Internet site maintained by the chief executive or in any other way the chief executive considers appropriate all or any of the information supplied under this section, at any time after the information is required to be made available under any of subsections (6) to (8).

26. The Minister, the chief executive, or an enforcement officer may use information supplied under this section at any time before or after the information is required to be made available under any of subsections (6) to (8) for the purpose of exercising any power or performing any function conferred on the person by or under this Act.

27. Section 90A applies to any information that, because of its use in accordance with subsection (8A) or (9), is disclosed.

28. Nothing in this section requires the chief executive to send, make available, publish, or otherwise disclose any records, reports, information, or returns—

29. under sections 42B, 42C, 89ZF, 89ZK, 89ZB, 89ZC, 89ZD, 89ZE, 89ZL, 89ZM, 89ZY, and 89ZZ:
30. relating to the calculation and payment of royalties by permit holders.