Natural Resources Wales (Other) [2021] UKICO ic-55303 (21 December 2021)
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Natural Resources Wales
The complainant requested various information covering an Environment Agency (EA) investigation of a pollution incident in 1997. Natural Resources Wales (NRW) (which replaced the EA in 2013), confirmed that it held some relevant information, provided a link to information it was prepared to disclose and cited regulation 13 (personal information) in respect of other information. Following an internal review, NRW confirmed that it had provided all relevant information except the Farm Management Plan and cited regulation 12(5)(d) (adversely effect the confidentiality of proceedings of that or any other public authority where such confidentiality is provided by law) and regulation 12(5)(f) (adversely effect the interests of the person who provided the information) to withhold the report. Following the Commissioner’s investigation, NRW confirmed that it wished to withdraw its reliance on regulation 12(5)(d), maintain its reliance on 12(5)(f) and reinstate its reliance on regulation 13. The Commissioner’s decision is that NRW has not complied with its obligations under regulation 5(1) of the EIR, however she has not ruled on the application of regulation 13 or 12(5)(f) for the reasons specified in the decision notice.
EIR 5(1):
Complaint upheld
Decision notice: ic-55303
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-55303.html
