CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 107
Disclosure of information
CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 107
Disclosure of information
107 Disclosure of information
(1) A person is guilty of an offence if the person discloses any information
that relates to any manufacturing or other industrial or commercial secrets or
working processes and that is obtained in connection with the administration
or execution of this Act or the regulations, unless the disclosure--
(a) is
made with the consent of--
(i) the person from whom the information was
obtained, or
(ii) if the information relates to land--the occupier of the
land, or
(iii) if the information relates to an activity--the person carrying
on or proposing to carry on the activity, or
(b) is required by this Act, or
(c) is made in connection with the administration or execution of this Act or
the regulations, or
(d) is made with the prior permission of the Minister, or
(e) is ordered by a court, or by any other body or person authorised by law to
examine witnesses, in the course of, and for the purpose of, the hearing or
determination by that court, body or person of any matter, or
(f) is made by
an officer of the EPA or other public authority to an officer or authority
engaged in administering or executing a law of the Commonwealth or of another
State or Territory relating to the protection of the environment, or
(g) is
made by an officer of the EPA or other public authority to any person and its
disclosure to that person is reasonably related to the elimination or
reduction of a risk of harm to human health or some other aspect of the
environment, or
(h) is otherwise made with reasonable excuse.
: Maximum
penalty--200 penalty units.
(2) The Minister is not to grant the permission
referred to in subsection (1) (d) unless satisfied that to do so would be in
the public interest.