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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: 1 • • • • • • 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 2