(1) In this section,
"monitoring data" means information supplied to the appropriate regulatory
authority by the holder of a licence in relation to the monitoring of the
following aspects of the activity or work authorised or controlled by the
licence--
(a) discharges from premises,
(b) relevant ambient conditions
prevailing on or outside premises,
(c) any other thing prescribed by the
regulations.
(2) The EPA or other regulatory authority may disclose
monitoring data by publishing it in such manner as it considers appropriate.
(3) The appropriate regulatory authority is to provide a person with access to
any monitoring data specified by the person in a written request to the
authority. Access is to be provided in the same form that access is required
to be provided to information under section 72 of the
Government Information (Public Access) Act 2009 .
(a) the monitoring data is recorded in a
public register under Part 9.5, or
(b) if the work involved in dealing with
the request for access would, if carried out, substantially and unreasonably
divert the authority's resources away from their use by the authority in the
exercise of its functions, or
(c) if the monitoring data is contained in a
document that is usually available for purchase.
(5) Subsection (4) (b) does
not permit an authority to refuse access to monitoring data without first
endeavouring to assist the person to amend the request to enable access to be
given.
