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Rationale for Controlled Action decision on EPBC referral 2019/8420 - Cultana Pumped Hydro Energy Scheme

Dan Monceaux made this Freedom of Information request to Department of the Environment and Energy

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From: Dan Monceaux

Delivered

Dear Department of the Environment and Energy FoI Officers,

I am writing to request copies of all documentation and correspondence held by the Department that detailing the rationale for the decision to deem EPBC Referral 2019/8420 - Cultana Pumped Hydro Energy Scheme a Controlled Action.

I am making this request under the Freedom of Information Act 1982.

Yours faithfully,

Dan Monceaux

Link to this

From: FOI Contact Officer
Department of the Environment and Energy

Dear Dan

Freedom of Information Request no. 190909

 

The Department of the Environment and Energy (the Department) acknowledges
receipt of your request under the Freedom of Information Act 1982 (FOI
Act) which seeks:

 

I am writing to request copies of all documentation and correspondence
held by the Department that detailing the rationale for the decision to
deem EPBC Referral 2019/8420 - Cultana Pumped Hydro Energy Scheme a
Controlled Action.

 

The Department is required to process valid requests within 30 days after
the day a request was received. This 30 day processing period may be
extended under certain circumstances, for example, where the Department
decides it reasonable to consult with third parties. If the processing
period is extended, you will be informed of the extension and the reasons
for it.

 

The statutory deadline for providing a decision on this request is
currently 9 September 2019.

 

The Department makes two assumptions that affect the scope of the request.
These are set out below.

 

It is the usual practice of the Department:

·         not to disclose the personal information of junior officers or
the personal contact details of senior officers of the State or Federal
governments (including those of the Department). The names of senior
officers will generally be released. Your request will be processed on the
assumption that you do not intend to capture these details within its
scope.

·         not to release duplicates of any document captured within the
scope of the request. Further, where two documents fall within the scope
one differs from the other only with respect to minor editorial changes
(such as spelling or grammar corrections), only the later version of the
document will be treated as within scope.  Your request will be processed
on the assumption that you do not intend to capture duplicates or
documents that the Department considers duplicates (as per the above
explanation) within the scope of your request.

 

Please inform us if you do not agree to the request being processed by the
Department on the above assumptions.

 

Please note that information released under the FOI Act may later be
published online on our disclosure log.

 

We will contact you using the email you provided. Please advise if you
would prefer us to use an alternative means of contact.

 

If you have any questions, please contact the FOI Contact Officer on (02)
6274 2098.

 

Regards

 

Isabel Carmody

FOI Paralegal  | General Counsel Branch

Department of the Environment and Energy

a:  GPO Box 787 CANBERRA  ACT  2600

t:   02 6274 2098

e:  [1][Department of the Environment and Energy request email]

 

References

Visible links
1. mailto:[Department of the Environment and Energy request email]

Link to this

From: FOI Contact Officer
Department of the Environment and Energy

Dear Dan

Freedom of Information Request no. 190910

 

The Department of the Environment and Energy (the Department) acknowledges
receipt of your request under the Freedom of Information Act 1982 (FOI
Act) which seeks:

 

I am writing to request copies of all submissions received by the
Department in response to EPBC Referral 2019/8420 - Cultana Pumped Hydro
Energy Scheme.

 

The Department is required to process valid requests within 30 days after
the day a request was received. This 30 day processing period may be
extended under certain circumstances, for example, where the Department
decides it reasonable to consult with third parties. If the processing
period is extended, you will be informed of the extension and the reasons
for it.

 

The statutory deadline for providing a decision on this request is
currently 9 October 2019.

 

The Department makes two assumptions that affect the scope of the request.
These are set out below.

 

It is the usual practice of the Department:

·         not to disclose the personal information of junior officers or
the personal contact details of senior officers of the State or Federal
governments (including those of the Department). The names of senior
officers will generally be released. Your request will be processed on the
assumption that you do not intend to capture these details within its
scope.

·         not to release duplicates of any document captured within the
scope of the request. Further, where two documents fall within the scope
one differs from the other only with respect to minor editorial changes
(such as spelling or grammar corrections), only the later version of the
document will be treated as within scope.  Your request will be processed
on the assumption that you do not intend to capture duplicates or
documents that the Department considers duplicates (as per the above
explanation) within the scope of your request.

 

Please inform us if you do not agree to the request being processed by the
Department on the above assumptions.

 

Please note that information released under the FOI Act may later be
published online on our disclosure log.

 

We will contact you using the email you provided. Please advise if you
would prefer us to use an alternative means of contact.

 

If you have any questions, please contact the FOI Contact Officer on (02)
6274 2098.

 

Regards

 

Isabel Carmody

FOI Paralegal  | General Counsel Branch

Department of the Environment and Energy

a:  GPO Box 787 CANBERRA  ACT  2600

t:   02 6274 2098

e:  [1][Department of the Environment and Energy request email]

 

 

 

References

Visible links
1. mailto:[Department of the Environment and Energy request email]

Link to this

From: FOI Contact Officer
Department of the Environment and Energy


Attachment FOI 190909 Notification of consultation signed.pdf
61K Download View as HTML


Dear Mr Monceaux,

Please find attached correspondence relating to FOI 190909,

Regards

____________________
Dominic Rule
General Counsel Branch
Department of the Environment and Energy
a: GPO Box 787 CANBERRA ACT 2600
e: [email address]    

Note: The contents of any legal advice provided by the General Counsel Branch is subject to legal professional privilege. Do not disclose the contents of any such legal advice more broadly within the Department (i.e. outside the scope of persons to whom the legal advice is (or was) directed), via the intranet or outside the Department without first consulting the General Counsel Branch.

Link to this

From: FOI Contact Officer
Department of the Environment and Energy


Attachment FOI 190909 Notification of Charges.pdf
293K Download View as HTML


Good afternoon,

 

Please see attached correspondence regarding FOI 190909.

 

Kind regards,

 

FOI Contact Officer  | General Counsel Branch

Department of the Environment and Energy

a:  GPO Box 787 CANBERRA  ACT  2600

t:   02 6274 2098

e:  [1][Department of the Environment and Energy request email]

 

References

Visible links
1. mailto:[Department of the Environment and Energy request email]

Link to this

From: FOI Contact Officer
Department of the Environment and Energy


Attachment FOI 190910 Decision on access Attachment C Redacted.pdf
1.7M Download View as HTML

Attachment FOI 190910 Decision on access.pdf
79K Download View as HTML


Dear Mr Monceaux

 

Please find attached the decision on access in relation to FOI request
190910.

 

Kind regards

 

 

FOI Contact Officer  | General Counsel Branch

Department of the Environment and Energy

a:  GPO Box 787 CANBERRA  ACT  2600

t:   02 6274 2098

e:  [1][Department of the Environment and Energy request email]

 

References

Visible links
1. mailto:[Department of the Environment and Energy request email]

Link to this

From: Dominic Rule
Department of the Environment and Energy

Good afternoon Mr Monceaux

 

Freedom of Information Request No. 190909 – Deemed Withdrawal

 

On 18 October 2019, a letter was sent to you advising that the Department
had determined to impose charges in relation to your FOI request and
advising that the amount of those changes had been calculated as $340.67.

 

The letter advised you that within 30 days you were required to notify the
Department that you either:

 

·         agree to pay the charge,

·         wish to contend that the charge has been wrongly assessed,
should be reduced or not imposed or both; and if so provide reasons, or

·         withdraw the request.

 

Section 29 of the Freedom of Information Act 1982 provides that if an
applicant fails to undertake one of the above actions within the 30 day
period, the request is taken to have been withdrawn. As the Department has
not received your payment or any correspondence from you, your request is
taken to be withdrawn.

 

If you have any queries in relation to this letter, please contact the FOI
Contact Officer by telephone on 02 6274 2098 or by email at
[1][Department of the Environment and Energy request email].

 

Regards,

 

Dominic

____________________

Dominic Rule
General Counsel Branch
Department of the Environment and Energy
a: GPO Box 787 CANBERRA ACT 2600
t: (02) 6274 2176   
e: [email address]         

 

 

Note: The contents of any legal advice provided by the General Counsel
Branch is subject to legal professional privilege. Do not disclose the
contents of any such legal advice more broadly within the Department
(i.e. outside the scope of persons to whom the legal advice is (or was)
directed), via the intranet or outside the Department without first
consulting the General Counsel Branch.

 

 

 

From: FOI Contact Officer
Sent: Friday, 18 October 2019 3:58 PM
To: '[FOI #5620 email]'
<[FOI #5620 email]>
Subject: FOI 190909 - Notification of charges [SEC=OFFICIAL]

 

Good afternoon,

 

Please see attached correspondence regarding FOI 190909.

 

Kind regards,

 

FOI Contact Officer  | General Counsel Branch

Department of the Environment and Energy

a:  GPO Box 787 CANBERRA  ACT  2600

t:   02 6274 2098

e:  [2][Department of the Environment and Energy request email]

 

References

Visible links
1. mailto:[Department of the Environment and Energy request email]
2. mailto:[Department of the Environment and Energy request email]

Link to this

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