South Australian Current Acts South Australian Current Acts58—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.