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[2024] NSWCATAD 33
NCAT Administrative and Equal Opportunity
2023-09-18
Original judgment source is linked above.
Introduction
Procedural history
Material considered
Applicant i. Administrative review application dated 25 May 2023 and Annexure, ii. Affidavit of Nicholas Grande filed on 11 September 2023 and annexures, iii. Applicant's Outline of Submissions filed on 11 September 2023,
Agency v. "Schedule of documents for which there is a claim of an overriding public interest against disclosure", vi. Respondent's open submissions filed 4 August 2023, vii documents marked "open evidence" filed 10 August 2023 viii. documents marked "confidential - non-disclosure documents" filed 10 August 2022, ix. Respondent's confidential submissions filed 18 August 2023, x. Respondent's open submissions in reply filed 14 September 2023,
Donnelly Blasting xi. Letter to NCAT dated 20 June 2023 filed on 26 July 2023, xii. Letter to NCAT dated 10 August 2023 filed on 18 August 2023.
Hearing
The parties and Donnelly
The context of the access application
The access application
The agency's original determination of the access application
The applicant's external review application
The reviewable decision
Donnelly' objection to the release of information
Applicant
Agency
Jurisdiction
Applicable law
Consideration
Orders
Annexure A: Summary of review outcome by category of document Cat No Category Description Decision
Blast "Personnel Checklists" Access to be provided after names and signatures of Donnelly personnel are redacted pursuant to s 74 on the basis that these are no longer relevant to the information applied for.
Blakebrook Quarry Neighbour Contact Lists Access to be provided after column 2 and 3 personal phone numbers of neighbours and their contacts are redacted
Blast Management Plan - NRQA Site - Attachments and B Access to be provided after names and signatures of Donnelly personal are redacted pursuant to s 74 on the basis that these are no longer relevant to the information applied for.
Blakebook Quarry "Key Appointments, Drill and Blast Activities for NRQA"; "Shot Pre-Initiation Check Sheet"; "Shot Pre-loading and Firing Checklist" Access to be provided after names of Donnelly personnel are redacted pursuant to s 74 on the basis that these are no longer relevant to the information applied for.
Blakebrook No Trigger Reports Access to be provided
Instantel Event Reports Access to be provided after names and signatures are redacted pursuant to s 74 on the basis that these are no longer relevant to the information applied for.
Landscape and aerial photographs of quarry Access to be provided after names and signatures are redacted pursuant to s 74 on the basis that these are no longer relevant to the information applied for.
Media video footage of blasts Access to be provided
Safety Work Method Statements Access to be provided after names and signatures are redacted pursuant to s 74 on the basis that these are no longer relevant to the information applied for.
Orica explosives delivery dockets Access to be provided
Blakebrook Quarry - Blast Report Checklist - Coversheet Access to be provided
Calibration Certificate for Minimate Blaster; Minimate Plus Base Unit; Micromate Systems ISEE Geophone; Micromate System DIN Geophone; Blastmate III Access to be provided
Northern Rivers Quarry Blast Compliance Declaration - Ron Southon Pty Ltd - 23 December 2022 Access to be provided
Ron Southon Pty Ltd Blast Report - 23 December 2022 Remitted for reconsideration in accordance with reasons
Blakebrook Quarry Blast Control Plans Remitted for reconsideration in accordance with reasons
16 Donnelly Blasting blast design documents: drill plans; load plans; design and evaluation records; drill summaries; monitor logs; monitoring results; surveys; weight envelope charts; clearance distance designs; monitor site locations; explosive transport cartnotes Remitted for reconsideration in accordance with reasons
I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 09 February 2024
Grande
Lismore City Council
[2012] NSWCATAP 25
[2012] NSWCATAP 259
(2008) 235 CLR 286