MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 5A General provisions about environmentally relevant activities
Part 4 Registration of suitable operators

[s 318V]

           (3)   However, subsection (2) does not apply if the disclosure of
                 the information, or giving of access to the report, is—
                 (a)   with the second person’s written consent; or
                 (b)   to another public service employee for making the
                       decision for which the report was obtained; or
                 (c)   to the Land Court or the Court; or
                 (d)   to a person carrying out functions for the Land Court,
                       Court or chief executive; or
                 (e)   to a person employed or engaged to give advice to the
                       Land Court, Court or chief executive in the carrying out
                       of its functions; or
                 (f)   under a direction or order made in a proceeding; or
                 (g)   expressly permitted or required under another Act.

318V Destruction of suitability reports
           (1)   This section applies if the chief executive has obtained a
                 suitability report and made the decision for which the report
                 was obtained.
           (2)   The chief executive must destroy the report as soon as
                 practicable after the later of the following—
                 (a)   if the report wholly or partly relates to a conviction for
                       an environmental offence—
                       (i)   if an appeal is made against the conviction—the
                             deciding or other ending of the appeal and any
                             appeal from that appeal; or
                       (ii) otherwise—the end of the period to appeal against
                            the conviction;
                 (b)   the end of the period under this Act to appeal against, or
                       apply for a review of, the decision;
                 (c)   the deciding or other ending of an appeal or review
                       mentioned in paragraph (b) and any appeal from that
                       appeal or review.
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