Requesting documents relating to a National Heritage Listing proposal for Marree Man in early 2000, possibly 2002 or an approval.
Dear Department of the Environment and Energy,
I am requesting documents relating to a National Heritage Listing proposal for Marree Man in early 2000, possibly 2002 or an approval.
This proposal was made through the Department of Environment and they approved the Marree Man to be heritage Listed nationally.
Yours faithfully,
Dick Smith AC
Good morning Mr Smith
Our Heritage Branch has conducted searches of their Heritage database, T
drive (local hard drive), and their record list of nominations for
information pertaining to a nomination or approval for the Maree Man to be
added to the National Heritage List. Further, as your nominated dates
"early 2000, possibly 2002" predate the National Heritage List (which was
introduced in 2004), the Heritage Branch ensured that their searches also
covered the preceding list, the Register of the National Estate.
The Department was unable to locate any information about the Marree Man
as a result of the above searches. This means that it is unlikely that the
Marree Man was nominated to the Australian Government for listing as a
place of heritage significance, and that your request would likely proceed
to a section 24A decision (documents do not exist), if it were to proceed.
Could you please advise whether you would like to proceed with your
request, noting that it is likely to result in a section 24A (documents do
not exist) decision?
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: [1][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.
Dear Mr Smith
On 18 May 2017 we wrote requesting you advise whether you want to proceed
with your FOI request or withdraw it. We have not had a response to this
email.
We advised the Department search did not locate any information about the
Marree Man and that your request would likely proceed to a section 24A
decision (documents do not exist), if it were to proceed.
We would appreciate a response by COB Friday 26 May 2017.
Regards
FOI Contact Officer | Climate Change, Science and Corporate Legal
Section |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]
From: FOI Contact Officer
Sent: Thursday, 18 May 2017 12:57 PM
To: 'Dick Smith' <[FOI #3534 email]>
Cc: FOI Contact Officer <[email address]>
Subject: RE: Freedom of Information request - Requesting documents
relating to a National Heritage Listing proposal for Marree Man in early
2000, possibly 2002 or an approval. [DLM=For-Official-Use-Only]
Good morning Mr Smith
Our Heritage Branch has conducted searches of their Heritage database, T
drive (local hard drive), and their record list of nominations for
information pertaining to a nomination or approval for the Maree Man to be
added to the National Heritage List. Further, as your nominated dates
"early 2000, possibly 2002" predate the National Heritage List (which was
introduced in 2004), the Heritage Branch ensured that their searches also
covered the preceding list, the Register of the National Estate.
The Department was unable to locate any information about the Marree Man
as a result of the above searches. This means that it is unlikely that the
Marree Man was nominated to the Australian Government for listing as a
place of heritage significance, and that your request would likely proceed
to a section 24A decision (documents do not exist), if it were to proceed.
Could you please advise whether you would like to proceed with your
request, noting that it is likely to result in a section 24A (documents do
not exist) decision?
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.
Dear FOI Contact Officer,
Is it possible to request information relating to a nomination or approval for the Marree Man to be added to the National Heritage List between 2005 and 2010? I was told that the person who nominates it has to put a history of where it came from and they are sure this was attached to the nomination.
Could we also know the reasons given by the nominators for Marree Man to be put on the National heritage List?
Yours sincerely,
Dick Smith
Good afternoon Mr Smith
Apologies for the delay in responding to you.
We are treating your email of 26 May 2017 as a request for the following information:
[Item 1] Information relating to a nomination or approval for the Marree Man to be added to the National Heritage List between 2005 and 2010? I was told that the person who nominates it has to put a history of where it came from and they are sure this was attached to the nomination.
[Item 2] Could we also know the reasons given by the nominators for Marree Man to be put on the National heritage List?
This request goes beyond the scope of your initial request, seeking information authored between 2005 to 2010, whilst your initial request sought information authored between 2000 to 2002. As your amended request was made in response to a query as to whether you wished to withdraw your initial request, the Department considers that the submission of the latter request also had the effect of withdrawing your initial request - effectively substituting one for the other.
As a result, we consider the statutory deadline to be 26 June 2017, 30 days after the day your new request was submitted. We note that this date is consistent with the due date upon the relevant Right-to-Know webpage for this request.
Please let us know if you are happy with this approach, or alternatively whether you would prefer for the formal decision to include a decision on your initial request. As noted below, this would likely be a section 24A decision (documents do not exist).
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.
Dear FOI Contact Officer,
I would like to confirm the response date of 26 June is OK, and looking at information from 2005 to 2010.
Please let me know if you need further clarification.
Yours sincerely,
Dick Smith
Dear Mr Smith
Please find attached decision letter with respect to your FOI request (our
ref 170516) relating to heritage listing nomination for Marree Man.
Please note that as the decision letter refers, the documents at
Attachment B have been released to you outside of the FOI Act.
Please also note that this decision has been approved by the delegate and
that a signed version will be sent to you tomorrow.
Kind 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]
References
Visible links
1. mailto:[Department of the Environment and Energy request email]
Good morning
Further to the below, please find attached signed decision letter with
respect to your FOI request (our ref 170516).
Kind 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]
From: FOI Contact Officer
Sent: Monday, 26 June 2017 6:49 PM
To: 'Dick Smith' <[FOI #3534 email]>
Cc: FOI Contact Officer <[email address]>
Subject: FOI 170516 (Marree Man heritage listing) - decision on access
[SEC=UNCLASSIFIED]
Dear Mr Smith
Please find attached decision letter with respect to your FOI request (our
ref 170516) relating to heritage listing nomination for Marree Man.
Please note that as the decision letter refers, the documents at
Attachment B have been released to you outside of the FOI Act.
Please also note that this decision has been approved by the delegate and
that a signed version will be sent to you tomorrow.
Kind 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: [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]