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Contents (2009 - 211)
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Protection of the Environment Operations (General) Regulation 2009
Current version for 1 September 2019 to date (accessed 21 September 2019 at 23:38)
Chapter 4 Part 4
Part 4 Exemptions from reporting requirements
70   National security
(1)  This clause applies if the occupier of a reporting facility gives the EPA written evidence that—
(a)  the occupier has made a claim to the Commonwealth under the NPIM that information required to be given by the occupier to the EPA under Part 2 should be treated as confidential on the grounds of national security, and
(b)  the claim—
(i)  has been granted, or
(ii)  has not been assessed within the period by which the occupier is required to provide the information to the EPA under that Part.
(2)  Subject to subclause (3), the occupier is exempted from giving the information to the EPA.
(3)  If the exemption is given by reason of a claim referred to in subclause (1) (b) (ii) and the Commonwealth refuses the claim after the period within which the occupier is required to provide the information to the EPA, the occupier must provide the information to the EPA within 60 days after receiving notice of the Commonwealth’s decision to refuse the claim.
71   Commercial confidentiality
(1)  The occupier of a reporting facility may, by written notice given to the EPA, claim information required to be provided by the occupier under Part 2 should be treated as confidential on the grounds of commercial confidentiality.
(2)  The notice must contain the information necessary to enable the EPA to determine the claim.
(3)  The EPA may, by written notice given to the occupier, ask the occupier to give to the EPA, within a reasonable period specified in the notice, further relevant information to enable the EPA to determine the claim.
(4)  The EPA may grant the claim only if the EPA reasonably believes that a document contains information for which there is an overriding public interest against disclosure under the Government Information (Public Access) Act 2009 because of the public interest considerations in clause 4 of the Table to section 14 of that Act.
(5)  If the EPA grants the claim, the occupier is exempted from giving the information to the EPA.
(6)  The EPA may refuse the claim if the EPA has given the occupier a notice under subclause (3) asking for further information and the occupier does not comply with the request in the period specified in the notice. This subclause does not limit the grounds on which the EPA may refuse the claim.
(7)  The EPA must give the occupier written notice of the EPA’s determination of the claim.
(8)  If the EPA refuses the claim, the notice must specify the reasons for the refusal.
(9)  The EPA is taken to have refused the claim if the EPA has not given the occupier written notice of the decision—
(a)  except as provided by paragraph (b), within 60 days after the notice under subclause (1) has been received by the EPA, or
(b)  in a case where the occupier has given the EPA further information in response to a request under subclause (3)—within 60 days after the EPA has received the further information.