31Protection for information produced in voluntary environmental audits

31 Protection for information produced in voluntary environmental audits

(1)  A person may apply to the Board to obtain the protection of this section in respect of a proposed voluntary environmental audit or an audit which has been or is being undertaken at the commencement of this Act.

(2)  The application may be made by lodging with the Board a detailed outline of action taken, or proposed to be taken, by the person for the evaluation of the person's performance in endeavouring to achieve compliance with this or any other 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 Board may issue to the person a determination conferring the protection of this section in respect of a report of the results of the audit programme.

(4)  A determination may be subject to such conditions as the Board thinks fit, which may include all or any of the following:

(a) conditions limiting the kinds of information that may be included in the report;

(b) conditions requiring that the report be compiled and kept in a specified manner and form;

(c) conditions requiring the person to lodge with the Board evidence (supported by statutory declaration) as to the time of completion of the audit programme and as to the compilation and keeping of the report;

(d) a condition requiring the person to provide to the Board a copy of the report.

(5)  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 Board 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 Board, the Director, an authorized officer or any other person for any purpose connected with the administration or enforcement of this Act.

(6)  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.