Reports which led to approval of EPBC 2009/5017

Charlie Schroeder made this Freedom of Information request to Department of the Environment and Energy

The request was successful.

From: Charlie Schroeder

Delivered

Dear Department of the Environment and Energy,

Can I get copies of the reports that were presented to the Minister at the time, Greg Hunt MP.

Which led to the approval of East Gippsland Shire Council Poplar Removal Program - Grey-headed Flying—fox (Pteropus poliocephalus) Summer Camp. Bairnsdale. Victoria (EPBC 2009/5017).

Yours faithfully,

Charlie Schroeder

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From: FOI Contact Officer
Department of the Environment and Energy

Good morning Charlie

 

Thank you for your email. The Department acknowledges that you are
seeking:

 

…copies of the reports that were presented to the Minister at the time,
Greg Hunt MP.

 

Which led to the approval of East Gippsland Shire Council Poplar Removal
Program - Grey-headed Flying—fox (Pteropus poliocephalus) Summer Camp.
Bairnsdale. Victoria (EPBC 2009/5017).

 

To clarify, are you seeking the decision brief that lead to the approval
of the taking of an action for EPBC 2009/5017? This is the information
that would have been before the decision maker when making that decision.

 

I ask because it appears that the decision maker for that decision was
James Tregurtha, Assistant Secretary, rather than Greg Hunt MP. As a
result, it is unclear what documents (if any) would fall within your scope
as it is currently worded (requiring that the documents were provided to
Greg Hunt MP, which caused James Tregurtha to make a certain decision).

 

Please let me know if you would like to continue with your request in its
current form, or if you would prefer for it to be amended to:

 

"The decision brief that lead to the approval of the taking of an action
for EPBC 2009/5017".

 

For your reference, I am referring to the information that was relied upon
in making the decision at the following link:
[1]http://epbcnotices.environment.gov.au/_e...

 

Regards

 

Alan Hilvert-Bruce
Senior Legal Officer| Climate Change, Science and
Corporate Legal Section |General Counsel Branch

Department of the Environment

a: GPO Box 787 CANBERRA ACT 2600
t: (02) 6274 2721
e: [2][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.

 

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From: Charlie Schroeder

Delivered

Dear FOI Contact Officer,

[quote]
Please let me know if you would like to continue with your request in its
current form, or if you would prefer for it to be amended to:

"The decision brief that lead to the approval of the taking of an action
for EPBC 2009/5017".

[end quote]

Thank you Alan for the clarification. The assumption, that made an ass of me, was that the Minister Greg Hunt MP made the decision.

Please amend my request to the one you suggest for:

All reports and the decision brief that lead to the approval of the taking of an action for EPBC 2009/5017.

Or just:

The decision brief that lead to the approval of the taking of an action for EPBC 2009/5017

If this contains all the reports that apply to that approval.

Thank you again for the clarification and your assistance in this matter.

Yours sincerely,

Charlie Schroeder

Link to this

From: FOI Contact Officer
Department of the Environment and Energy

Hi Charlie

Thanks for your response - how about we stay with the following scope for now:

"The decision brief that lead to the approval of the taking of an action for EPBC 2009/5017"

If you feel that you are missing anything from that request, you could submit another request in the future.

Regards

Alan Hilvert-Bruce
Senior Legal Officer| Climate Change, Science and
Corporate Legal Section |General Counsel Branch
Department of the Environment
a: GPO Box 787 CANBERRA ACT 2600
t: (02) 6274 2721
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.

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From: Charlie Schroeder

Delivered

Dear FOI Contact Officer,

Hello Alan,

I will be guided by you on this matter and for this request stay with:

"The decision brief that lead to the approval of the taking of an action for EPBC 2009/5017"

Yours sincerely,

Charlie Schroeder

Link to this

From: Charlie Schroeder

Delivered

Dear FOI Contact Officer,

Thanks Alan,

I thought I replied to this, however, it doesn't appear so? My internet service is satellite, a claytons broadband that is often not working.

I will be guided by you and request this:

"The decision brief that lead to the approval of the taking of an action for EPBC 2009/5017"

Thank you again for your help.

Yours sincerely,

Charlie Schroeder

Link to this

From: FOI Contact Officer
Department of the Environment and Energy

Hi Charlie

 

The Department of the Environment and Energy acknowledges receipt of your
FOI request on 3 July 2017.

 

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, the applicant will be informed of the extension and
the reasons for it.

 

As at the date of writing, we are scoping your request. If it is a valid
request under the FOI Act the statutory deadline for providing a decision
on this request is 2 August 2017.

 

The Department makes two assumptions that affect the scope of your
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 your 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 team on (02) 6274 2603.

 

Regards

 

 

FOI Contact Officer

General Counsel Branch
Department of the Environment and Energy
a: GPO Box 787 CANBERRA ACT 2600
t: (02) 6274 2603 
e: [1][Department of the Environment and Energy request email]

 

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From: Charlie Schroeder

Delivered

Dear FOI Contact Officer,

Thank you, I accept the conditions as stated.

Yours sincerely,

Charlie Schroeder

Link to this

From: FOI Contact Officer
Department of the Environment and Energy


Attachment FOI 170701 decision letter.pdf
414K Download View as HTML

Attachment FOI 170701 Attachment C Redacted.pdf
2.2M Download View as HTML


Hi Charlie

 

Please see the attached documents.

 

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]

 

 

 

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