320Disclosure of monitoring data

320 Disclosure of monitoring data

320 Disclosure of monitoring data

(1) In this section, monitoring data means information supplied to the appropriate regulatory authority by the holder of a licence in relation to the monitoring of the following aspects of the activity or work authorised or controlled by the licence—

(a) discharges from premises,

(b) relevant ambient conditions prevailing on or outside premises,

(c) any other thing prescribed by the regulations.

(2) The EPA or other regulatory authority may disclose monitoring data by publishing it in such manner as it considers appropriate.

(3) The appropriate regulatory authority is to provide a person with access to any monitoring data specified by the person in a written request to the authority. Access is to be provided in the same form that access is required to be provided to information under section 72 of the Government Information (Public Access) Act 2009.

(4) Any such access to monitoring data may be refused if—

(a) the monitoring data is recorded in a public register under Part 9.5, or

(b) if the work involved in dealing with the request for access would, if carried out, substantially and unreasonably divert the authority’s resources away from their use by the authority in the exercise of its functions, or

(c) if the monitoring data is contained in a document that is usually available for purchase.

(5) Subsection (4) (b) does not permit an authority to refuse access to monitoring data without first endeavouring to assist the person to amend the request to enable access to be given.

s 320: Am 1998 No 120, Sch 1.35 [6]; 2009 No 54, Sch 2.38.