Section 63 – Information to identify or assess threats to stability of a disused tip etc
254.Subsection (1) provides that the Authority may give an “information notice” to a person. An information notice may not be given to a relevant public authority (subsection (5)). An information notice must specify the type of information sought by the Authority, which must be information that the Authority believes will allow or help it to assess a threat to the stability of a disused tip, or to assess the stability of a disused tip. The Authority must have a reason to believe that the person to whom the information notice is given either possesses the information or has the information under their control. It is an offence, under section 64, not to give the information without reasonable excuse, or to give information in response to the information notice that is false or misleading in a material respect, either knowing that the information is false or misleading or being reckless as to whether it is so. Information that might be requested under this section could include, for example, information about historical works carried out on a disused tip.
255.Subsection (2) provides that the Authority may, in the information notice, require a person to give information in a certain way and in a particular form. For example, the information notice could specify that a person must fill out a particular form.
256.Subsection (3) sets out the period within which a notice under this section may require information to be given. Subsection (4) provides that information cannot be required or permitted contrary to any prohibitions contained in legislation or imposed by another rule of law.
257.An information notice may not be given to a relevant public authority (subsection (5)). Sections 59 and 60 deal specifically with the sharing of information between the Authority and relevant public authorities.
