Environment Protection Act 1997

A person who is conducting, or proposing to conduct, an activity may apply to the authority to obtain the protection of this section in relation to an environmental audit of the activity that the person, on the person’s own initiative, proposes to commission.

An application must include—

a request that the applicant be granted protection under this section; and

a detailed outline of the matters to be addressed by the audit and how those matters will be addressed.

The authority may grant an applicant protection under this section in relation to a specified environmental audit if satisfied that the objects of this Act would be better furthered by granting protection than by not doing so.

A grant under subsection (3) may be made subject to conditions, including—

that the report of the audit must address, and may only address, specified matters; and

that the report be prepared in a specified way.

A person who has been granted protection under this section in relation to an environmental audit must submit to the authority a copy of the auditor’s report within 20 working days after receiving the report.

Subject to compliance with the conditions (if any) of a grant of protection made under subsection (3), the environmental audit report specified in the grant is not admissible in evidence against the applicant in any proceedings for the enforcement of this Act.

This section does not affect—

the obligation of the holder of an environmental authorisation to comply with the conditions of the authorisation; or

the obligation of a person to notify the authority under section 23.