(1) | It is an offence for any person to disclose information about any other person if that information was acquired while exercising or performing any power or duty in terms of this Act or a specific environmental management Act or a provincial Act that substantively deals with environmental management, except— |
[Words preceding section 31Q(1)(a) substituted by section 30(a) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
(a) | if the information is disclosed in compliance with the provisions of any law; |
(b) | if the person is ordered to disclose the information by a court; |
(c) | if the information is disclosed to enable a person to perform a function in terms of this Act, a specific environmental management Act or a provincial Act that substantively deals with environmental management; or |
(d) | for the purposes of the administration of justice. |
[Section 31Q(1)(c) substituted by section 30(b) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
(1A) | Subsection (1) does not apply to information that pertains to— |
(a) | environmental quality or the state of the environment; |
(b) | any risks posed to the environment, public safety and the health and well-being of people; or |
(c) | compliance with or contraventions of any environmental legislation by any person. |
(2) | [Section 31Q(2) deleted by section 17 of Act No. 30 of 2013]. |