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Thursday, 14 November 2002
Page: 6392


Senator ELLISON (Minister for Justice and Customs) (4:04 PM) —With reference to Senator Bartlett's motion of 25 September 2002 for the production of documents relating to the Nelly Bay Harbour project, the Minister for the Environment and Heritage has provided the following response. I seek leave to incorporate the document in Hansard.

Leave granted.

The document read as follows—

Senator Bartlett moved on Wednesday, 25 September 2002:

That there be laid on the table no later than 4 p.m. on 24 October 2002:

(a) any application to clear granite from the Nelly Bay Harbour project site by methods other than those approved through the 1995-1998 environmental impact statement process;

(b) any documents outlining problems and responses to problems in relation to clearing the inner harbour and access channel of the Nelly Bay Harbour project;

(c) the weekly site supervisor reports for the Nelly Bay Harbour project;

(d) any applications by Nelly Bay Harbour Pty Ltd (or anyone else) for permission to attach pontoons to residential land bordering the Great Barrier Reef Marine Park;

(e) any documents relating to the Great Barrier Reef Marine Park Authority's position in relation to private moorings inside the Great Barrier Reef Marine Park in relation to the Nelly Bay Harbour project;

(f) the results of the Nelly Bay Harbour monitoring programs (summaries only);

(g) any reported breaches of the Deed of Agreement of the joint Great Barrier Reef Marine Park Authority/Queensland Park and Wildlife Service permit; investigations and outcomes of investigations of those breaches;

(h) any documents in relation to funding or financial problems associated with the Nelly Bay Harbour project; and

(i) any documents evidencing actions on site that the Great Barrier Reef Marine Park Authority stopped, prevented or changed.

The Minister for the Environment and Heritage has provided the following response:

(a) any application to clear granite from the Nelly Bay Harbour project site by methods other than those approved through the 1995-1998 environmental impact statement process;

(b) any documents outlining problems and responses to problems in relation to clearing the inner harbour and access channel of the Nelly Bay Harbour project;

In respect of documents falling in the scope of this request, these have been released with all personal information deleted.

The Privacy Act 1988 provides that a record keeper who has possession or control of a record that contains personal information shall not disclose the information unless the disclosure is required or authorised by law. “Personal Information” includes information about an individual whose identity is apparent, or can reasonably be ascertained, from the information.

As disclosure of personal information is not required or authorised by law, deletion of all person information facilitates the release of the documents without breaching the privacy of the named individuals.

Other documents falling within the scope of this request also fall within “documents evidencing actions on site that the Great Barrier Reef Marine Park Authority stopped, prevented or change” under item (i) below.

A number of documents that fell within this request have not been released on the grounds of legal professional privilege. These documents relate to a matter currently under investigation and have been withheld.

(c) the weekly site supervisors reports for the Nelly Bay Harbour project

The weekly site supervisors reports have been released with all personal information deleted. The deletion of the personal information facilitates the release of these documents without breaching the privacy of named individuals.

(d) applications by Nelly Bay Harbour Pty Ltd (or anyone else) for permission to attach pontoons to residential land bordering the Great Barrier Reef Marine Park;

An application has been received for pontoons attached to residential land bordering the Great Barrier Reef Marine Park, the application and associated plans have been released with all personal information deleted. The deletion of the personal information facilitates the release of these documents without breaching the privacy of named individuals.

(e) any documents relating to the Great Barrier Reef Marine Park Authority's position in relation to private moorings inside; the Great Barrier Reef Marine Park in relation to the Nelly Bay Harbour project;

In respect of documents falling in the scope of this request, these have been released with all personal information deleted. The deletion of the personal information facilitates the release of these documents without breaching the privacy of named individuals.

(f) the results of the Nelly Bay Harbour monitoring programs (summaries only);

The executive summaries of monthly harbour monitoring reports have been released with all personal information deleted. The deletion of the personal information facilitates the release of these documents without breaching the privacy of named individuals.

(g) any reported breaches of the Deed of Agreement of the joint Great Barrier Reef Marine Park Authority/ Queensland Park and; Wildlife Service permit; investigations and outcomes of investigations of those breaches;

Documents falling within the scope of this request also fall within “documents evidencing actions on site that the Great Barrier Reef Marine Park Authority stopped, prevented or change” under item (i) below.

There is currently an on-going investigation into coral damage associated with channel dredging works, these records are not available for release.

(h) any documents in relation to funding or financial problems associated with the Nelly Bay Harbour project; and

No documents fall within the scope of this request.

(i) any documents evidencing actions on site that the Great Barrier Reef Marine Park Authority stopped, prevented or change.

Documents falling within the scope of this request, these have been released with all personal information deleted. The deletion of the personal information facilitates the release of these documents without breaching the privacy of named individuals.