Shenhua Watermark Coal Pty Limited v Department of Planning and Environment [2019] NSWCATAD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shenhua Watermark Coal Pty Limited v Department of Planning and Environment [2019] NSWCATAD 119 Hearing dates: On the papers Date of orders: 17 June 2019 Decision date: 17 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: 1. By consent, the decision under review is varied to the extent that personal information is redacted from documents 2, 3, 4, 9, 12, 13, 20, 21 and 22 in accordance with the consent agreement filed with the Tribunal on 28 August 2018. 2. By consent, the decision under review is varied to the extent that personal information as agreed between the parties is redacted from documents 1 and 14. 3. The decision under review is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review - Government Information – third party consultation - public interest considerations against disclosure – whether information provided in confidence – whether disclosure could reasonably be expected to diminish competitive commercial value of information – whether disclosure could prejudice business and commercial interests – onus on third party applicant to establish an overriding public interest against disclosure – onus not discharged Legislation Cited: Government Information (Public Access) Act 2009 Mining Act 1992 Mining Regulation 2010 Mining Regulation 2016 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Commissioner of Police, New South Wales Police Force v Camilleri [2013] NSWADT 80 Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Leech v Sydney Water Corporation [2010] NSWADT 298 Macquarie University v Howell (No 2) [2009] NSWADTAP 19 McKinnon v Blacktown City Council [2012] NSWADT 44 Meriton Property Services Pty Ltd & Ors v UrbanGrowth NSW [2017] NSWCATAD 71 Nature Conservation Council of NSW v Department of Trade and Investment, Regional Infrastructure and Services [2012] NSWADT 195 Raven v University of Sydney [2015] NSWCATAD 104 Watts v Department of Planning and Environment [2016] NSWCATAD 42 Category: Principal judgment Parties: Shenhua Watermark Coal Pty Limited (Applicant) Department of Environment and Planning (Respondent) Representation: Minter Ellison (Applicant) Crown Solicitor (Respondents) File Number(s): 2018/0087555 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondents on a confidential basis, namely Bundle 1 filed by the respondent on 29 June 2018 and documents filed by the respondent on 31 July 2018. That material is not to be released to the public.