Ref: LEX-76740
Cathy Minnucci
Via emai
l: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Cathy Minnucci
Decision on your Freedom of Information request
I refer to your request, dated and received by the Department of Climate Change, Energy, the
Environment and Water (
department) on 27 March 2024, for access under the
Freedom of
Information Act 1982 (Cth) (
FOI Act) to the following documents:
‘Could I please obtain a copy of the Airservices Australia )ASA) referral and
Environmental Impact Assessment (as laid out in the Environment Protection and
Biodiversity Conservation Act 1999 (EPBC Act) undertaken in the Primrose Sands TAS
area in particular Carlton Bluff.
As no flights existed over Primrose Sands pre flight changes of 2017, this would have
been a mandatory requirement as it triggered ASA's own referral thresholds for
locations newly overflown.’
My decision
I have decided to refuse your request for access to documents under section 24A of the FOI Act
on the basis that all reasonable steps have been taken to locate the documents you have
requested and I am satisfied that they cannot be located or do not exist.
Please see
Attachment A for the reasons for my decision.
You can ask for a review of my decision
If you wish to seek an internal review, you must apply to the department within
30 days after
the day you are notified of this decision. An application for internal review must be made in
writing by post to the FOI Officer or emai
l to xxx@xxxxxx.xxx.xx.
Alternatively, you may apply directly to the Office of the Australian Information Commissioner
(
OAIC) to review my decision. An application for review by the Information Commissioner must
be made in writing within
60 days after the day you are notified of this decision. You can also
make a complaint to the Information Commissioner if you have concerns about how the
department handled your request.
You can find information about requesting a review, making a complaint, and other information
about FOI on the OAIC websi
te www.oaic.gov.au or phone the OAIC on 1300 363 992.
T +61 2 6274 1111
John Gorton Building
GPO Box 3090
dcceew.gov.au
F +61 2 9094 2221
King Edward Terrace
Canberra ACT 2601
ABN 63 573 932 849
Parkes ACT 2600
Further assistance
If you have any questions, please emai
l xxx@xxxxxx.xxx.xx.
Yours sincerely
Rachel Short
Branch Head
Environment Assessments (Vic & Tas) and Post Approvals
Nature Positive Regulation Division
16 April 2024
Attachment A
REASONS FOR DECISION
What you requested
On 27 March 2024, the Department of Climate Change, Energy, the Environment and Water
(
department) received your request for access under the
Freedom of Information Act 1982 (
FOI
Act) to the following documents:
‘Could I please obtain a copy of the Airservices Australia )ASA) referral and
Environmental Impact Assessment (as laid out in the Environment Protection and
Biodiversity Conservation Act 1999 (EPBC Act) undertaken in the Primrose Sands TAS
area in particular Carlton Bluff.
As no flights existed over Primrose Sands pre flight changes of 2017, this would have
been a mandatory requirement as it triggered ASA's own referral thresholds for
locations newly overflown.’
What I took into account
In reaching my decision, I took into account:
• your original request dated 27 March 2024;
• information about:
o the nature of the documents; and
o the department’s operating environment and functions;
• guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (
Guidelines); and
• the FOI Act.
Reasons for my decision
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act
Section 24A of the FOI Act provides that:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency's or Minister's possession but cannot be found; or
(ii) does not exist.
The Environment Assessments VIC & TAS & Post Approvals (
Branch) has conducted searches of
the department’s case management systems, records management systems, electronic
documents, hard copy files and relevant portals. This search did not identify any copies of the
‘Airservices Australia (ASA) referral and Environmental Impact Assessment undertaken in the
Primrose Sands TAS area in particular Carlton Bluff’ to which you refer in your request.
As such, the department is not in possession of any documents within the scope of your request.
The primary reason as to why the department is not in possession of any documents within the
scope of your request is because the project was never referred to the department.
On the basis of these reasonable searches, I am satisfied, in accordance with section 24A of the
FOI Act, that all reasonable steps have been taken to find the documents and the documents
cannot be located or do not exist.
