60BAInformation about sensitive matters

### 60BA Information about sensitive matters > [*\[Section 60BA Inserted by No. 33 of 2022, s. 6, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS6@EN) > > > (1)  A proponent of a project must make to each relevant regulator a sensitive matters request in relation to the project – > > > > > > (a) before a proposal is made by a person under [section 60C(1)](#GS60C@Gs1@EN) or [(2)](#GS60C@Gs2@EN) that the project be declared to be a major project; and > > > > > > > (b) before making a request under [section 60TC(1)](#GS60TC@Gs1@EN) in relation to the project; and > > > > > > > (c) before a person makes under [section 60ZZW(1)](#GS60ZZW@Gs1@EN) or [section 60ZZZ(2)](#GS60ZZZ@Gs2@EN) an application for an amendment, or a significant amendment, to a major project permit in relation to the project. > > > (1A)  [*\[Section 60BA Subsection (1A) inserted by No. 11 of 2025, s. 4, Applied:16 Jun 2025\]*](/view/html/inforce/2025-06-16/act-2025-011#GS4@Hpa@EN) As soon as practicable after the commencement of this subsection, a proponent of a project must make to each relevant regulator a sensitive matters request in relation to the project if – > > > > > > (a) the project was declared to be a major project under [section 60O(1)](#GS60O@Gs1@EN) before 17  May 2023; and > > > > > > > (b) a decision has not yet been made under [section 60ZZM(1)](#GS60ZZM@Gs1@EN) in respect of the major project. > > > (2)  A sensitive matters request, in relation to a project, made to a relevant regulator by a proponent of the project, is a notice by the proponent to the relevant regulator – > > > > > > (a) specifying – > > > > > > > > > > (i) [*\[Section 60BA Subsection (2) amended by No. 11 of 2025, s. 4, Applied:16 Jun 2025\]*](/view/html/inforce/2025-06-16/act-2025-011#GS4@Hpb@EN) if [subsection (1)(a)](#GS60BA@Gs1@Hpa@EN) or [(c)](#GS60BA@Gs1@Hpc@EN) or [subsection (1A)](#GS60BA@Gs1A@EN) applies to the proponent– the area of land to which the project is to relate; or > > > > > > > > > > > (ii) if [subsection (1)(b)](#GS60BA@Gs1@Hpb@EN) applies to the proponent – the additional area of land to which the project is to relate; and > > > > > > > (b) including – > > > > > > > > > > (i) a general description of the nature of the project; or > > > > > > > > > > > (ii) if [subsection (1)(c)](#GS60BA@Gs1@Hpc@EN) applies to the proponent – a copy of the proposed amendment, or proposed significant amendment, to which that subsection relates; and > > > > > > > (c) [*\[Section 60BA Subsection (2) amended by No. 11 of 2025, s. 4, Applied:16 Jun 2025\]*](/view/html/inforce/2025-06-16/act-2025-011#GS4@Hpc@EN) subject to [subsection (2A)](#GS60BA@Gs2A@EN) , requesting the relevant regulator to advise the proponent whether sensitive matter is likely to be contained in any category of information that may be provided under this Division, to the Panel or a person, by – > > > > > > > > > > (i) the relevant regulator; or > > > > > > > > > > > (ii) the proponent; or > > > > > > > > > > > (iii) a person, if any, who is intending to make under [section 60C(1)](#GS60C@Gs1@EN) or [(2)](#GS60C@Gs2@EN) a proposal that a project be declared to be a major project; or > > > > > > > > > > > (iv) a person, if any, who is proposing to apply for the amendment, or significant amendment, to which [subsection (1)(c)](#GS60BA@Gs1@Hpc@EN) applies. > > > (2A)  [*\[Section 60BA Subsection (2A) inserted by No. 11 of 2025, s. 4, Applied:16 Jun 2025\]*](/view/html/inforce/2025-06-16/act-2025-011#GS4@Hpd@EN) The proponent of a project referred to in [subsection (1A)](#GS60BA@Gs1A@EN) , when making a request to the relevant regulator for the purposes of [subsection (2)(c)](#GS60BA@Gs2@Hpc@EN) , is not required to request any advice from the relevant regulator in relation to whether sensitive matter is likely to be contained in any category of information that, before the commencement of this subsection, was provided by the proponent, under this Division, to the Panel or a person. > > > (3)  For the purposes of this section, sensitive matter is likely to be contained in a category of information if – > > > > > > (a) information within the category of information is culturally sensitive; or > > > > > > > (b) were information within the category of information available to members of the public, there might be a risk of harm to an object, or land, to which the [Aboriginal Heritage Act 1975](/view/html/inforce/2026-04-12/act-1975-081) relates. > > > (4)  A relevant regulator that receives a sensitive matters request from a proponent must, within 35 days, by notice to the proponent, give to the proponent a sensitive matter advice. > > > (5)  A sensitive matter advice from a relevant regulator to a proponent is to contain advice as to whether the relevant regulator considers that sensitive matter is likely to be contained in a category of information that is to be provided under this Division, to the Panel or a person, by – > > > > > > (a) the relevant regulator; or > > > > > > > (b) the proponent; or > > > > > > > (c) a person, if any, who is intending to make under [section 60C(1)](#GS60C@Gs1@EN) or [(2)](#GS60C@Gs2@EN) a proposal that a project be declared to be a major project; or > > > > > > > (d) a person, if any, who is proposing to apply for the amendment, or significant amendment, to which [subsection (1)(c)](#GS60BA@Gs1@Hpc@EN) applies. > > > (6)  If the relevant regulator considers that sensitive matter is likely to be contained in a category of information referred to in [subsection (5)](#GS60BA@Gs5@EN) , the sensitive matter advice from a relevant regulator to a proponent is to specify, in the sensitive matter advice, the category of information. > > > (7)  A relevant regulator that gives to a proponent a sensitive matter advice under [subsection (4)](#GS60BA@Gs4@EN) in relation to a project must provide a copy of the sensitive matter advice to – > > > > > > (a) the Minister; and > > > > > > > (b) the Commission; and > > > > > > > (c) the Panel, if any, in relation to the project. > > > (8)  If a category of information is, in accordance with [subsection (6)](#GS60BA@Gs6@EN) , specified in a sensitive matter advice given under [subsection (4)](#GS60BA@Gs4@EN) , then, despite any other provision of this Act or any other Act, any information that is within the category of information – > > > > > > (a) must not be included, in a document given to another person under this Act, that a member of the public is able to view under a provision of this Act, unless the information is not able to be viewed by a member of the public; and > > > > > > > (b) must not be disclosed in any meeting, or hearing, under this Act, that a member of the public may attend; and > > > > > > > (c) must not be disclosed in any discussion between – > > > > > > > > > > (i) a member of the public; and > > > > > > > > > > > (ii) the proponent, the Minister, a relevant regulator, a member of the Panel or the Commission; and > > > > > > > (d) must not be disclosed during proceedings of the Tasmanian Civil and Administrative Tribunal or a court, unless the Tribunal, or court, respectively, has been advised as to whichever of the following is appropriate: > > > > > > > > > > (i) the information is culturally sensitive; > > > > > > > > > > > (ii) were the information available to members of the public, there might be a risk of harm to an object, or land, to which the [Aboriginal Heritage Act 1975](/view/html/inforce/2026-04-12/act-1975-081) relates. > > > (9)  If a category of information is, in accordance with [subsection (6)](#GS60BA@Gs6@EN) , specified in a sensitive matter advice given under [subsection (4)](#GS60BA@Gs4@EN)  – > > > > > > (a) the declaration of a major project; and > > > > > > > (b) an amendment to the declaration of a major project made under [section 60TG(2)](#GS60TG@Gs2@EN) to which relates the sensitive matter advice given under [subsection (4)](#GS60BA@Gs4@EN) ; and > > > > > > > (c) any other document that a member of the public is able to view under a provision of this Division – > > > > is to include a sensitive matters statement able to be viewed by members of the public. > > > (10)  For the purposes of [subsection (9)](#GS60BA@Gs9@EN) , a sensitive matters statement to be included in a document is a statement that the document contains information, relating to a sensitive matter, that – > > > > > > (a) is not able to be viewed by a member of the public; and > > > > > > > (b) must not be disclosed in any meeting, or hearing, under this Act, that a member of the public may attend; and > > > > > > > (c) must not be disclosed in any discussion between – > > > > > > > > > > (i) a member of the public; and > > > > > > > > > > > (ii) the proponent, the Minister, a relevant regulator, a member of the Panel or the Commission; and > > > > > > > (d) must not be disclosed during proceedings of the Tasmanian Civil and Administrative Tribunal or a court, unless the Tribunal, or court, respectively, has been advised as to whichever of the following is appropriate: > > > > > > > > > > (i) the information is culturally sensitive; > > > > > > > > > > > (ii) were the information available to members of the public, there might be a risk of harm to an object, or land, to which the [Aboriginal Heritage Act 1975](/view/html/inforce/2026-04-12/act-1975-081) relates.