PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 319
Disclosure of information
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 319
Disclosure of information
319 Disclosure of information
(1) A person is guilty of an offence if the person discloses any information
relating to any industrial, agricultural or commercial secrets or working
processes 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 premises--the occupier of the premises, or
(iii) if
the information relates to an activity--the person carrying on or proposing to
carry on the activity, or
(b) is made in connection with the administration
or execution of this Act or the regulations, or
(c) is made with the prior
permission of the Minister, or
(d) 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
(e) is made by a member of the staff of the EPA or other
regulatory authority to an officer or authority engaged in administering or
executing a law of this State, the Commonwealth or of another State or
Territory relating to the protection of the environment or the management of
chemicals, or
(f) is made by a member of the staff of the EPA or other
regulatory authority to any person and its disclosure to that person is
reasonably related to the prevention or amelioration of harm to the public, to
any person or property or to the environment, or
(g) is made under subsection
(3), or
(h) is made with other lawful excuse.
: Maximum penalty--200 penalty
units.
(2) The Minister is not to grant the permission referred to in
subsection (1) (c) unless satisfied that to do so would be in the public
interest.
(2A) A person cannot be required--
(a) to produce in any court any
document or other thing that has come into the person's possession, custody or
control because of, or in the course of, the exercise of the person's
functions under this Act or the Protection of the Environment Administration
Act 1991 , or
(b) to disclose to any court any information obtained in the
exercise of the person's functions under this Act,
if the EPA certifies in
writing that it is not in the public interest that the document or thing be
produced or the information be disclosed.
(3) The EPA or other regulatory
authority may disclose the following information by publishing it in such
manner as it considers appropriate--
(a) particulars required, or formerly
required, to be kept on the register under Part 9.5,
(b) the particulars of
any notice given under any prescribed provision of the environment protection
legislation,
(c) particulars of persons charged with or convicted of offences
under the environment protection legislation,
(d) particulars of a kind
prescribed by the regulations for the purposes of this subsection.
(4)
Subsection (3) does not authorise the EPA or other regulatory authority to
disclose any information about industrial, agricultural or commercial secrets
or working processes obtained from any premises except with the consent of the
occupier of the premises.
(5) Subsection (3) does not limit the information
required to be recorded in a public register under Part 9.5.
(6) A reference
in this section to the administration or execution of this Act or the
regulations includes a reference to the administration or execution of the
Waste Avoidance and Resource Recovery Act 2001 or of any other environment
protection legislation prescribed by the regulations.