AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 23AA

Environmental monitoring information

(1)  In this section –
council-owned company means a company, incorporated under the Corporations Act, that is controlled by one or more councils or another company that is so controlled;
public authority means –
(a) an Agency, within the meaning of the State Service Act 2000 ; and
(b) the University of Tasmania; and
(c) the Police Service; and
(d) a council; and
(e) a statutory authority; and
(f) a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose; and
(g) a body whose members, or a majority of whose members, are appointed by the Governor or a Minister of the Crown; and
(h) a Government Business Enterprise, within the meaning of the Government Business Enterprises Act 1995 ; and
(i) a council-owned company; and
(j) a State-owned company;
relevant information means information that –
(a) results from, or relates to, monitoring of the environmental effects of an activity, including but not limited to any of the following:
(i) the results of any type of test or measurement of any emissions, discharge or deposition of a substance;
(ii) reports as to the condition of the environment at the place where the activity occurs or that is in the proximity of that place;
(iii) any interpretation, or analysis, of such results or reports;
(iv) any photographs, visual recordings, audio recordings or audio-visual recordings; and
(b) is required, under an environmental licence, environment protection notice, permit, environment protection policy or under environmental standards, to be collected; and
(c) is provided under this Act, or another prescribed Act, to the Board or the Director, otherwise than in accordance with a requirement imposed on a person under section 43 or section 92 ;
State-owned company means a company, incorporated under the Corporations Act, that is controlled by –
(a) the Crown; or
(b) a Government Business Enterprise; or
(c) a statutory authority; or
(d) another company that is so controlled.
(2)  The Director may –
(a) publish any relevant information; or
(b) provide relevant information to members of the public or a person or body; or
(c) make relevant information available for viewing by members of the public or a person or body –
in the manner and form that the Director thinks fit.
(3)  Subsection (2) applies in relation to relevant information whether or not the person or body that provided the information to the Director or the Board agrees to the information being dealt with in accordance with that subsection.
(4)  In determining whether to, under subsection (2) , publish, provide, or make available for viewing by members of the public or a person or body, any relevant information, the Director must consider whether the information is information related to the business affairs of a person, other than a public authority, which, if it were information of a public authority, would be exempt information within the meaning of the Right to Information Act 2009 .


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