RTI Decisions search

Your search for Section 42 returned 2 results.

• Scott Bell and Department of State Growth

  Dr Scott Bell has an interest in environmental issues.  On 23 September 2021 he lodged an application for assessed disclosure under the Right to Information Act 2009 (the Act) with the Department of State Growth (the Department) seeking information concerning a mining exploration licence issued to Kassem Holdings Pty Ltd for an area near Bridport.

  The Department released some information but relied upon ss35 (internal deliberative information), 36 (personal information), 37 (information relating to the business affairs of a third party) and 42 (information likely to affect the cultural, heritage or natural resources of the State) of the Act to exempt other information. Dr Bell sought internal review but the Department did not change its position. Dr Bell then sought external review.

  The Ombudsman determined that:

  • exemptions claimed pursuant to s35 were set aside;
  • exemptions claimed pursuant to ss36 and 37 were varied; and
  • exemptions claimed pursuant to s42 were upheld
  Scott Bell and Department of State Growth (PDF, 307.6 KB)
  Aug 2024 Sections 35 36 37 42 Section 35 Section 36 Section 37 Section 42 Department of State Growth

• Huon Aquaculture Group Pty Ltd and Department of Primary Industries, Parks, Water and Environment

  On 7 November 2013, an application for assessed disclosure under the Right to Information Act 2009 (the Act) was received by the Department of Primary Industries, Parks, Water and Environment (the Department) from Tassal Operations Pty Ltd (Tassal). Tassal sought information relating to Huon Aquaculture Group Pty Ltd (Huon) and any interaction it has had with wildlife. A large number of documents were collated and the Department consulted with Huon pursuant to section 37(2) of the Act. Huon was advised that while some information was deemed exempt under the Act, the Department had decided to release a significant amount of information.

  Huon sought an internal review, and the internal review decision was made on 16 July 2014. While further information was exempted, the Department’s internal review decision still proposed to release the majority of the relevant information. Huon continued to object to this and sought an external review.
  The external review relates to exemptions claimed under ss37, 39 and 42 of the Act.

  The Ombudsman determined that:

  • Exemptions claimed pursuant to s37 were varied; and
  • Exemptions claimed pursuant to ss39 and 42 were affirmed.
  Huon Aquaculture Group Pty Ltd and Department of Primary Industries, Parks, Water and Environment (PDF, 1.4 MB)
  Jul 2017 Sections 37 39 42 Section 37 Section 39 Section 42 Department of Natural Resources and Environment Third Party Review