order

Environment Victoria Inc. v. Department of Primary Industries - order

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Litigation

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The applicant, an NGO, submitted a request  to the respondent under the Freedom of Information Act 1982 (Cth) (FOIA) for documents relating to: the possible allocation of new licenses to mine brown coal in the Latrobe Valley; reductions to the premium solar feed-in tariff paid to consumers who contribute electricity to the power grid from solar panels; and changes to the planning controls over wind farms. The Department failed to respond to the request within 45 days (as required by the Act). After proceedings were commenced, some documents were produced and issues in dispute were eventually narrowed to four particular documents.  Three of these documents related to allocation of licenses to mine coal, and the fourth related to the premium feed-in tariff scheme.  In withholding these documents, the Department relied on an exception to FOIA which protects cabinet documents (for the three coal related documents), and an exception which protects internal working documents (in relation to all four documents). The Tribunal held that, with the exception of an introductory portion of one document, that the three coal license related documents were protected by the exception for internal working documents, as they had been prepared in order to brief the Minister on issues “of the utmost importance to Victorians.”  The high level nature of the briefing documents, and the sensitivity of the issues involved, were considerations that weighed against their release under FOIA.  The document relating to the premium feed-in tariff scheme was held not to be protected by any of the exceptions.

Environment Victoria Inc. v. Department of Primary Industries

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Production of electricity and heat from solar irradiation.

A policy instrument designed to support the development and acceleration of renewable energy sources by providing a guaranteed, above-market price for producers.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Environment Victoria Inc. v. Department of Primary Industries - order

Policy instrument

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance