281Confidential information

281 Confidential information (1) This section applies if a specified person is required under this Act or the regulations to provide information to a decision-maker in (a) a referred action; or (b) a referred strategic proposal; or (c) the environmental impact assessment process; or (d) the approval of an action or strategic proposal; or (e) a significant variation of an action or strategic proposal; or (f) the amendment of an environmental approval; or (g) the suspension or revocation of an environmental approval; or (h) the transfer of an environmental approval; or (ha) an application for an environmental (mining) licence; or (hb) the granting of an environmental (mining) licence; or (hc) the variation of the conditions of an environmental (mining) licence; or (hd) the suspension, cancellation or revocation of an (he) the transfer of an environmental (mining) licence; or (i) a circumstance prescribed by regulation. (2) At the time of providing the information, the specified person may request that identified information provided not be made public on the basis that the information is: (a) commercial-in-confidence, which may include: (i) commercial contractual information; or (ii) confidential agreements with third parties if these are required not to be disclosed; or (b) cultural-in-confidence; or Environment Protection Act 2019 244 (c) subject to legal professional privilege; or (d) otherwise required by law to be withheld from publication; or (e) information that is in the public interest to withhold. (2A) The decision-maker may suspend an environmental impact assessment process or environmental approval process or an environmental (mining) licence process while considering a request under this section that relates to that process. (2B) The decision-maker must recommence the suspended process as soon as practicable and not more than 5 business days after the decision is made on the request. (2C) The required time for making any decision under a suspended process ceases to run during the period of the suspension. (3) An application must be made in accordance with the regulations. (a) a proponent; (b) an approval holder; (c) a mining operator.