12.—(1) Subject to paragraphs (2) and (3), the Department and any local authority or other public authority which appears to the Department to have an interest in the application shall, if requested by an applicant for consent, and may without such a request, enter into consultation with an applicant for consent to determine whether it has in its possession any information which may be relevant to the preparation of the environmental statement and if it has such information, it shall make it available to the applicant.
(2) Paragraph (1) shall not require the Department to disclose information which is capable of being treated as confidential or must be so treated under regulation 5 of the Environmental Information Regulations (Northern Ireland) 1993(1).
(3) Paragraph (1) shall not prevent the Department or any local authority or other public authority which appears to the Department to have an interest in the application imposing a charge reflecting the cost of making the information available (including for the identification, preparation and copying of any information) or making the payment of such a charge a condition of providing the information.
S.R. 1993/45 as amended by S.R. 1998/238