New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 319

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

(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.