Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14:
1. On 20 August 2024 the Applicant, Ms Lamont, requested information from Central Coast Council ("the Council") in an application made under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act).
2. She requested draft versions of the final report titled "Stage 6 - Cost Benefit Analysis of Wamberal Terminal Coastal Protection Options" published by NSW Department of Planning Industry Environment - Manly Hydraulics Laboratory in association with UNSW Sydney - Water Research Laboratory and Balmoral Group Australia, for Central Coast Council dated December 2021 ("Final Report").
3. Three drafts of the Final Report were responsive to her request:
1) Document 1: Preliminary Draft - dated 27 April 2021
2) Document 2: Draft 01 - dated 25 June 2021
3) Document 3: Draft Final - 18 October 2021
("Requested Information").
4. On 8 October 2024, the Council refused access to the Requested Information ("Decision"). The Decision relied on the public interest considerations against disclosure in clauses 1(e), 1(f), 4(e) and 5(c) of the Table in s 14(2) of the GIPA Act. I will refer to clauses as "items" for convenience.
5. The Applicant applied to the Tribunal for review of the Decision on 4 November 2024.
6. The Respondent says that there is an overriding public interest consideration against disclosure relying on items 1(e), 1(f) and 1(g).
Materials before the Tribunal
7. Prior to the hearing, the Applicant provided:
1) her Application to the Tribunal dated 4 November 2024 (A1);
2) two witness statements (of herself, Ms Lamont) filed on 23 January 2025 (A2) and 17 February 2025 (A3); and
3) an outline of submissions filed on 24 February 2025 (A4).
8. Prior to the hearing, the Respondent provided:
1) a GIPA Review form, emailed on 21 November 2024 (R1);
2) an affidavit of Benjamin Fullagar ("Mr Fullagar") filed on 9 January 2025 (R2);
3) an affidavit of Kerri Donelan ("Ms Donelan") dated 7 January 2025 and filed on 13 January 2025 (R3);
4) a second affidavit of Mr Fullagar dated 5 February 2025 and filed on 6 February 2025 (R4);
5) an affidavit of Dylan Taylor ("Mr Taylor") dated 5 February 2025 and filed on 6 February 2025 (R5); and
6) an outline of submissions filed on 21 February 2025 (R6).
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197f2dbf77a8f0fa44db005a)
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