54Airport environment officer may require information or documents from occupiers about pollution

54  Airport environment officer may require information or documents from occupiers about pollution

 (1) An airport environment officer may, by written notice given to the occupier of an area at an airport, require the occupier to give the airport environment officer information or documents held by or available to the occupier that disclose any or all of the following:

 (a) former uses of the area;

 (b) the activities conducted by the occupier or a previous occupier in the area;

 (c) when such uses and activities occurred;

 (d) the manner in which such uses or activities were undertaken;

 (e) how waste in the area, or any other material in the area requiring disposal, was disposed of;

 (f) if any part of the area is contaminated by pollution—the nature and extent of the contamination;

 (g) any known impact of pollution on the airport or on an area outside the airport;

 (h) the environmental condition of the airport or an area adjacent to the airport.

 (2) The occupier must give the information or documents to the airport environment officer within 60 days after the notice under subsection (1) is given to the occupier, or such longer period as is specified in the notice.

 (3) The occupier must also give the information or documents to the airport‑lessee company for the airport at the same time as the occupier gives the information or documents to the airport environment officer.

Penalty: 10 penalty units.

 (4) An individual is not excused from giving information or a document under subsection (1) on the ground that the information or document given might tend to incriminate the individual or expose the individual to a penalty.

Note: A body corporate is not entitled to claim the privilege against self‑incrimination.

 (5) However:

 (a) the information or document given; and

 (b) giving the information or document; and

 (c) any information, document or thing obtained as a direct or indirect consequence of giving the information or document;

are not admissible in evidence against the individual in any proceedings, other than:

 (d) proceedings for an offence against subsection (2) or (3) of this section; or

 (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (which deal with false or misleading information or documents) that relates to an offence against subsection (2) or (3) of this section.