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Chapter 4
Non-mineral Boreholes
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Drilling non-mineral boreholes
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210. (1) In this section “non-mineral borehole” means a borehole drilled, other than in the course of prospecting for or working minerals, to a depth greater than 5 metres below the surface.
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(2) A person having an interest in land who proposes to drill or to have others drill a non-mineral borehole on the land shall give to the Minister at least 14 days before the drilling starts a notice in writing containing the particulars of the proposed drilling.
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(3) Every person having an interest in land who drills a non-mineral borehole or has others drill a non-mineral borehole on the land shall keep and maintain—
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(a) in respect of every borehole drilled, a lithological log, and a record of the borehole’s diameter, depth, direction, inclination and location, and such other information as may be prescribed, for a period of 5 years after the completion of the drilling, and
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(b) specimens, either as cores or fragments, of the strata passed through that were obtained in the course of the drilling—
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(i) for a period of not less than 60 days after the completion of the drilling,
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(ii) for such longer period as the Minister may direct, or
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(iii) where the period to which subparagraph (i) or (ii) relates has expired but the specimen, in whole or in part, is being kept or maintained, for such further period as the Minister may direct.
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(4) Every person who drills a non-mineral borehole on behalf of a person who has an interest in land shall keep a copy of the record referred to in subsection (3)(a) for a period of 5 years after the completion of the drilling.
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(5) An inspector may at all reasonable times do all or any of the following in respect of a non-mineral borehole:
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(a) inspect the site of the borehole;
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(b) inspect specimens obtained from the borehole within the period to which subsection (3)(b) relates;
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(c) take samples of the specimens;
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(d) review and take copies of the lithological log kept in respect of the borehole.
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(6) Any person who—
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(a) fails to comply with the obligations imposed by this section, or
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(b) obstructs or otherwise interferes with an inspector in the due exercise of any of the powers conferred on the inspector by subsection (5),
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commits an offence and is liable on summary conviction to a class E fine.
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