Australian Capital Territory Current Acts

ENVIRONMENT PROTECTION ACT 1997 - SECT 21

    (1)     This section applies if a person provides a document to the authority in relation to—

        (a)     the grant, variation or review of an environmental authorisation; or

        (b)     the submission of an environmental improvement plan; or

        (c)     the approval of an emergency plan; or

        (d)     the entry into an environment protection agreement; or

        (e)     the making of an order under—

              (i)     section 91C (1) (Order to assess whether land contaminated); or

              (ii)     section 91D (1) (Order to remediate land); or

        (f)     the making of an environment protection order; or

        (g)     setting out the results of monitoring or testing required by the authority to be conducted; or

        (h)     the submission of an environmental audit report; or

              (i)     the conduct of an activity to which section 159A (National pollutant inventory—provision of information) applies.

    (2)     The person, or another person whose interests are affected by the provision of the document, may apply to the authority to exclude the document, or a stated part of the document, from public access under section 19 because—

        (a)     public access to the document or part of the document—

              (i)     would reveal a trade secret; or

              (ii)     would, or would reasonably be expected to, adversely affect the applicant in relation to the lawful business affairs of the applicant; and

        (b)     it would not be in the public interest for the document or part of the document to be published.

    (3)     The application must—

        (a)     be in writing; and

        (b)     be made at the same time as the document is provided to the authority.

    (4)     If the authority is satisfied of the matters mentioned in subsection (2) (a) and (b), it must—

        (a)     for a document—not make the document available to the public under section 19; or

        (b)     for part of a document—

              (i)     exclude that part from any copy of the document made available to the public under section 19; and

              (ii)     include a statement in the copy made available to the public that an unspecified part of the document has been excluded to protect the confidentiality of information in the excluded part.

    (5)     The authority must not make a document, or part of a document, that is the subject of an application available to the public under section 19 until the later of—

        (a)     28 days after the authority makes a decision on the application; and

        (b)     if an entity applies to the ACAT for review of the decision—the application (including any appeal) has been decided.