Overview of Section 42(1)(j) FOI Act

Section summary

Matter is exempt if there is a reasonably based expectation that its disclosure could prejudice the wellbeing of:

• a cultural resource;
• a natural resource; or
• the habitat of animals or plants.

This exemption is subject to section 42(2) of the FOI Act.

Background

Section 42(1)(j) allows the protection of cultural and natural resources as well as the habitat of animals and plants to be considered when assessing an application.

Other relevant FOI Act sections

Section 42 FOI Act
Section 42(1) of the FOI Act contains other exemptions for matter relating to law enforcement or public safety.

Section 42(2) of the FOI Act excludes certain matter from being exempt under section 42(1) of the FOI Act. Matter is not exempt if:

• it consists of any of the specific types of matter listed in section 42(2)(a) of the FOI Act; and
• its disclosure would, on balance, be in the public interest.