Part 7Voluntary audits and environment performance agreements

Part 7—Voluntary audits and environment performance agreements 58—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. 59—Environment performance agreements (1) Subject to this section, the Authority may enter into an environment performance agreement with any other person or persons (including a Minister or public authority). (2) An environment performance agreement entered into under this section— (a) must be in writing and duly executed by the parties to the agreement; and (b) may contain terms providing for any matter that the Authority considers appropriate for securing the objects of this Act, including terms— (i) binding a party other than the Authority to undertake programmes of any kind directed towards protection, restoration or enhancement of the environment; or (ii) binding the Authority to provide financial or other assistance of any kind to the other party or parties or any of them; or (iii) providing a party other than the Authority with remission of rates or taxes. (3) The Authority may not enter into an environment performance agreement under this section except with the prior approval of the Minister. (4) An environment performance agreement may not— (a) make provision for remission of any rates or taxes payable to the Crown except with the prior approval of the Treasurer; or (b) make provision for remission of any rates or taxes payable to a council except with the prior approval of the council, but any provision for remission of rates or taxes made by an environment performance agreement in accordance with this section will have effect according to its terms and notwithstanding the provisions of any other Act. (5) Subject to this section, an environment performance agreement may not have effect to relieve a party to the agreement from any duty under this or any other Act, and any obligations imposed under such an agreement have effect in addition to and not in derogation of the requirements imposed by or under this or any other Act. (6) Subject to subsection (5), an environment performance agreement entered into under this section has effect as a contract binding on the parties to the agreement. 60—Registration of environment performance agreements in relation to land (1) Subject to this section, where an environment performance agreement under this Part relates to land, a party to the agreement may, if the agreement so provides, lodge a copy of the agreement with the Registrar-General, and, in that event, the Registrar-General must register the agreement in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as he or she thinks fit. (2) An environment performance agreement may not be registered under this section in relation to land except with the consent of all persons (not being party to the agreement) who have a registered interest in or caveat over the land. (3) While an environment performance agreement remains registered under this section in relation to land, the agreement is binding on each owner and occupier from time to time of the land as if the owner or occupier were a party to the agreement. (4) While an environment performance agreement remains registered under this section in relation to land, an owner or occupier of the land who ceases to own or occupy the land must notify the Authority in writing of the name and address of the new owner or occupier. (5) On the termination of an environment performance agreement that is registered under this section in relation to land, the Authority must lodge with the Registrar-General a document executed by the Authority certifying as to the termination of the agreement and, in that event, the Registrar-General must cancel the registration of the agreement and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as he or she thinks fit.