Environmental Protection Regulations 1987

In this regulation —

trade secrets of a person;

confidential information (other than trade secrets) that has a commercial value to a person that would be, or could reasonably be expected to be, destroyed or diminished if the confidential information were published.

The proponent of a referred proposal or an approved proposal may, when submitting documentation to the Authority in relation to the proposal, request in writing that the Authority not publish the whole or part of the documentation (the relevant documentation) because of the confidential nature of the relevant documentation.

If a request is made under subregulation (2) by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)), the Authority must acknowledge receipt of the request in writing.

On receipt of a request under subregulation (2) and, if subregulation (3) applies, after the Authority has acknowledged receipt of the request the Authority —

must, if satisfied that the whole or part of the relevant documentation contains confidential material, refrain from publishing that whole or part; and

may refrain from publishing the whole or part of the relevant documentation if the Authority —

is not satisfied of the matters referred to in paragraph (a); but

is satisfied that it is desirable to refrain from publishing that whole or part because of the confidential nature of that whole or part.