Download Department of Premier and Cabinet

Department of Primary Industries, Parks, Water & Environment
STRATEGIC SERVICES DIVISION
Hobart GPO Box 44, Hobart, Tasmania, 7001
Launceston PO Box 46, Kings Meadows, Tasmania, 7249
Devonport PO Box 303, Devonport, Tasmania, 7310
Ph 1300 368 550
Web www.dpipwe.tas.gov.au
Enquiries:
Email:
Our ref:
Alison Scandrett
[email protected]
RTI 058/2016-2017
Dr Rosalie Woodruff
7 Franklin Wharf
HOBART TAS 7000
Via email only: [email protected]
Dear Dr Woodruff
Right to Information decision
I refer to your application made pursuant to the Right to Information Act 2009 (‘the Act’), which was
received by the Department of Primary Industries, Parks, Water and Environment (DPIPWE) on 1 March
2017. Specifically, the information you have requested is:
“Minutes of Marine Farming Planning Review Panel meetings for the period August 2016 to
February 2017 inclusive”
I note that DPIPWE waived your application fee as you are a Member of Parliament acting in relation
to official business.
A search of DPIPWE’s records has found 9 pages relevant to your application. Details of the search
conducted are available on request.
I have assessed the information against Part 3 of the Act to determine whether any of it is exempt
information. Information has been deemed to be exempt information under section 27 of the Act. You
will note a full 3 pages have been exempted from disclosure and the remaining 6 pages have been
exempt in part. The reasons for my decision are set out below. A decision table appended to this letter
summarises my decision in relation to the information.
Decision
Section 27 of the Act provides:
(1) Information is exempt information if it consists of –
(a) any opinion, advice, or a recommendation prepared…; or
In the course of, or for the purposes of, providing a Minister with a briefing in connection with
the official business of … a Minister … in connection with the Minister’s Parliamentary duty.
(4) Subsection 1 does not include purely factual information unless it’s disclosure would reveal
the nature or content of the opinion, advice, recommendation, consultation or deliberations of
the briefing.
The Marine Farming Planning Review Panel (the Panel) is established under section 8 of the Marine
Farming Planning Act 1995. Section 9 of that Act provides that the functions and powers of the Panel
are to:
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consider draft plans, draft amendments to marine farming development plans and draft
modifications to marine farming development plans following reviews under section 48; and
consider environmental impact statements; and
consider comments made on draft plans, draft modifications and draft amendments; and
make recommendations to the Minister in respect of draft plans, draft modifications and draft
amendments;
perform any other function imposed on it under this or any other Act;
undertake any other function or activity the Minister determines.
The deliberations of the Panel are done in the course of, and for the purpose of, providing briefings to
the Minister in connection with the Minister’s Parliamentary duty. The Minutes of their meetings clearly
reveal the nature or content of advice and recommendations provided by the Panel to the Minister.
Section 27 of the Act falls within Part 3, Division 1 of the Act – Exemptions not subject to public interest
test. Therefore, I am not required to consider the matters provided in Schedule 1 of the Act.
The information that is being released to you is purely factual information from the Panel meetings that
does not reveal the nature or content of advice or recommendations.
I note that the names of the Members of the Panel are in the public domain so I do not need to consider
section 36 of the Act.
Please find attached 6 pages disclosed to you in part.
Review right
You have the right under s43(1) of the Act to apply for a review of this decision. To apply for a review,
you are required to write to the Secretary of this Department, Dr John Whittington, within 20 business
days of receiving this notice. Please address your correspondence to:
Dr John Whittington
Secretary
DPIPWE
GPO Box44
HOBART TAS 7001
The request for review may be emailed to [email protected]
Yours sincerely
Alison Scandrett
Delegated officer under the Right to Information Act 2009
29 March 2017
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