(a) is not admissible in evidence against any
person in any proceedings connected with the administration or enforcement of
this Act, the environment protection legislation or such other legislation, if
any, as may be prescribed by the regulations, and
(b) must not be inspected,
copied, seized or otherwise obtained by the Department, any authority
prescribed by the regulations or by any other person for any purpose connected
with such administration or enforcement.
(2) Neither the Department, a
prescribed authority nor any other person may, for the purpose referred to in
subsection (1) (b), require a person to answer any question or provide any
information about the existence of the document or about what it contains.
(3) The onus of establishing that a document is a protected document lies on
the person asserting that it is protected.
(4) A court may inspect any
document that is claimed to be a protected document for the purpose of
determining whether it is or is not a protected document.
(5) The regulations
may prescribe procedures for making and determining claims that a document is
a protected document.