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Environment Agency

  • Date 8 November 2018
  • Sector Central government
  • Decision(s) EIR 12.4.a: Not upheld, EIR 12.5.b: Not upheld

The complainant has requested the Environment Agency (EA) to disclose three documents relating to the Redcliffe Bay Petroleum Storage Depot (RBPSD). The EA initially responded, refusing the entire request under regulation 12(4)(a) of the EIR. However, during the Commissioner’s investigation the EA also sought to rely on regulation 12(4)(b) of the EIR for one of those documents. The Commissioner’s decision is that the EA is entitled to rely on regulation 12(4)(a) of the EIR for the first two documents named in the request. For the third document, the Commissioner has decided that the EA incorrectly applied regulation 12(4)(a) of the EIR but, alternatively, it was entitled to rely on regulation 12(4)(b) of the EIR. The Commissioner does not require any steps to be taken as a result of this notice.