Mitchell Shire Council is fighting a freedom of information, FOI, request by quarry group Conundrum Holdings at the Victorian Civil and Administrative Tribunal, VCAT.
Conundrum and council are at loggerheads over a quarry proposed south of Wallan, with Conundrum adamant it would bring jobs and resources to the region while council is leading a campaign regarding concerns about planning, environmental and societal impacts.
Conundrum managing director Ron Kerr said the quarry operator submitted an FOI request to attempt to force council to disclose how much money it had spent fighting the quarry in legal and other costs.
“Conundrum, like other ratepayers in the Mitchell Shire, have been concerned about the shire’s expenditure of public funds in objecting to the proposed North Central Quarry,” he said.
“A freedom of information request was made in December last year to seek information on council’s costings.”
Mr Kerr said when council declined to provide the requested information Conundrum referred the matter to the Office of the Victorian Information Commissioner, OIVC.
An OVIC spokesperson confirmed Conundrum Holdings had requested a review.
“A decision was made by the public access deputy commissioner that she was not satisfied the requirements for section 25A(5) [of the Freedom of Information Act] were made out,” the spokesperson said.
“Subsequently, OVIC was advised the council has made an application for review of that decision to VCAT.”
Section 25A(5) of the FOI Act allows an agency to categorically refuse an FOI request without identifying or assessing any or all of the requested documents.
A VCAT directions hearing was held on August 30, with VCAT schedulling a compulsory conference for January 20 next year.
Council officials declined to comment, saying it would be inappropriate while the matter was before VCAT.
