Environment Agency (Central government) [2019] UKICO fer0786647 (1 April 2019)
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Environment Agency
The complainant has requested information associated with an energy-from-waste plant at Runcorn. The Environment Agency (EA) has relied on regulation 12(4)(a) of the EIR; its position being that it does not hold information in recorded form that addresses the complainant’s requests and questions. The Commissioner’s decision is as follows: EA breached regulation 5(2) with regard to part 5 of the request. EA cannot rely on regulation 12(4)(a) with regard to part 1 and part 3b) of the request. EA was entitled to rely on regulation 12(4)(a) with regard to parts 2, 3a, 4, 6 and 8 of the request. The Commissioner requires the EA to take the following step to ensure compliance with the legislation: In line with its duty under regulation 6 of the EIR (advice and assistance) the EA must clarify part 5 of the request with the complainant and then provide a response to the clarified request that complies with the EIR.
EIR 5:
Complaint upheld
EIR 12(4)(a):
Complaint partly upheld
Decision notice: fer0786647
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0786647.html
