ENVIRONMENT PROTECTION ACT 1993 - SECT 58

ENVIRONMENT PROTECTION ACT 1993 - SECT 58

58—Protection for information produced in voluntary environmental audits

        (1)         A person may apply to the Authority to obtain the protection of this section in respect of a proposed voluntary environmental audit programme.

        (2)         The application may be made by lodging with the Authority a detailed outline of action proposed to be taken by the person for the evaluation of the person's performance in endeavouring to achieve compliance with this Act, including evaluation of the management practices, production processes and technical systems and equipment adopted or used by the person.

        (3)         On application by a person under this section, the Authority may, in its discretion, issue to the person a determination conferring the protection of this section in respect of a report of the results of the audit programme but subject to such conditions as the Authority thinks fit, which may include—

            (a)         conditions limiting the kinds of information that may be included in the report; and

            (b)         conditions requiring that the report be compiled and kept in a specified manner and form; and

            (c)         conditions requiring the person to lodge with the Authority evidence (supported, if the Authority so requires, by statutory declaration) as to the time of completion of the audit programme and as to the compilation and keeping of the report.

        (4)         Despite any other provisions of this Act but subject to this section and compliance with the conditions of the determination, a report defined in a determination of the Authority issued to a person under this section—

            (a)         is not admissible in evidence against the person in any proceedings under this Act or any other proceedings for the enforcement of this Act; and

            (b)         may not be seized or obtained without the person's consent by the Authority, an authorised officer or any other person for any purpose connected with the administration or enforcement of this Act.

        (5)         A person to whom a determination has been issued under this section in respect of a report of the results of an audit programme must not claim the protection of this section based on that determination in respect of any information knowing that the information may not, in accordance with the conditions of the determination, be included in the report of the results of the audit programme.

Maximum penalty: $40 000.

        (6)         This section does not limit or derogate from—

            (a)         the obligation of the holder of an environmental authorisation to comply with conditions of the authorisation (imposed under Division 5 of Part 6) requiring reporting of the results of tests or monitoring or reporting of the results of an environmental audit and compliance programme; or

            (b)         the obligation of a person under Part 9 to notify the Authority of an incident causing or threatening serious or material environmental harm.