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Legislative Assembly for the ACT: 1997 Week 12 Hansard (13 November) . . Page.. 4186 ..


MR HUMPHRIES (continuing):

Page 13, line 32, after clause 21, insert the following clause in Division 2 of Part II of the Bill:

"Exclusion of material

21A. (1) Where for the purposes of this Act, a person provides a document to the Authority in relation to -

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

(b) the submission of an environmental improvement plan;

(c) the approval of an emergency plan;

(d) the entry into an environment protection agreement;

(e) the making of an environment protection order;

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

(g) the submission of an environmental audit report;

the person may apply to the Authority to exclude so much of the document as is specified in the application from inspection by the public under sectionÊ20 on the ground that -

(h) the disclosure would reveal a trade secret; or

(j) the disclosure would, or would reasonably be expected to, adversely affect a person in respect of the lawful business affairs of that person;

and it would not be in the public interest for that part to be published.

(2) An application under subsection (1) shall -

(a) be in writing; and

(b) be made at the same time the document to which the application relates is provided to the Authority.


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