Requesting a report to the Minister

Dear Mr Schroeder

Freedom of Information Request no. 160306

I refer to your request in your email below for access to the documents
under the Freedom of Information Act 1982.

We have interpreted your request to be seeking the report required by
condition 6 of the approval for ‘West Gippsland Shire Council Poplar
Removal Program – Grey-headed Flying-fox (Pteropus poliocephalus) Summer
Camp, Bairnsdale, Victoria (EPBC 2009/5017)’. Condition 6 reads:

6. One month prior to the commencement of Stage Two (as detailed in the
Bairnsdale Grey headed Flying-fox Roost Site Strategic Management Action
Plan) and on the same date every subsequent year in which removal of
habitat or emergency dispersal occurs, the person taking the action must
submit a report to the Minister that addresses the following:

a) Details of the activities undertaken that year relating to
removal of habitat or emergency dispersal;

b) Details of the associated outcomes of these activities;

c) The data collected (in accordance with these conditions of
approval and the Bairnsdale Grey-headed Flying-fox Roost Site Strategic
Management Action Plan);

d) Information about the health, condition and location of
Grey-headed Flying-fox colonies in the Bairnsdale region;

e) Details of how information gained has been incorporated into
the future management of Grey-headed Flying-fox (adaptive management),
including, but not limited to, the future removal of habitat or dispersal
activit ies associated with the action;

f) Details of any activities planned to occur in the following
year;

g) Written and signed confirmation by a suitably qualified
ecologist verifying the accuracy of the data, information, analysis and
conclusions contained within the report; and

h) Raw data must be made available to the Department upon
request.

Please let us know if this is not the report you are seeking.

On 31 March 2016 we received enough information to allow us to identify
the document you are seeking. The 30 day statutory period for processing
your request therefore commences from the day after that date. The period
of 30 days may be extended if we need to consult third parties or for
other reasons. We will advise you if this happens.

It is the usual practice of the Department to not release the names and
contact details of junior officers of the Department and other government
agencies and contact details of senior officers, where that personal
information is contained in documents within scope of a request. The
names of senior officers will generally be released. We will take it that
you agree to the removal of junior officers’ personal information and
contact information of senior officers unless you advise that you would
like us to consider releasing that information as part of the documents
you have requested.

It is also the usual practice of the Department to only release final
versions of documents. We will take it that you agree to receive only the
final versions of documents unless you advise us that you do not agree.

Please note that information released under the FOI Act may later be
published online on our disclosure log, subject to certain exceptions.
(For example, personal information will not be published where this would
be unreasonable).

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 me on (02) 6274 2098.

Regards,

Nicole Hedley
FOI and Legislation Contact 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 2098
e: [1][Department of the Environment and Energy request email]

show quoted sections

Dear Mr Schroeder

The Department of the Environment (the Department) conducted a search for
the report you requested in FOI 160306 (below).

The report is required by Condition 6 of EPBC Approval EPBC 2009/5017 to
be supplied one month prior to the East Gippsland Council undertaking
Stage 2 as described in the Bairnsdale Grey Headed Flying-fox Roost Site
Strategic Management Action Plan.

At this stage we have not been advised as to when the East Gippsland
Council is will undertake Stage 2. Accordingly, the Department is yet to
receive the report required under condition 6.

As we do not have the document you have requested, your request is likely
to be refused pursuant to 24A(1)(b)(ii) of the FOI Act (documents do not
exist).

How would you like to proceed with this request? We are happy for it to
proceed and provide you with a formal decision, however we cannot
guarantee that the delegate would come to a different conclusion than that
stated above. Alternatively, you may prefer to withdraw your request,
which would bring an end to this matter.

Could you please inform us of how you would like to proceed by 6 April
2016.

Regards

Nicole Hedley
FOI and Legislation Contact 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 2098
e: [1][Department of the Environment and Energy request email]

From: FOI Contact Officer
Sent: Friday, 1 April 2016 1:06 PM
To: 'Charlie Schroeder'
Cc: FOI Contact Officer
Subject: FOI request 160306 - East Gippsland Shire Council Poplar Removal
Program Report [SEC=UNCLASSIFIED]