Western Power Distribution

The complainant has requested Western Power Distribution (WPD) to disclose information relating to any Wayleave Agreement in place concerning a piece of land. Some information was disclosed but other information was withheld under regulations 12(5)(b) and 13 of the EIR. When the complainant challenged WPD over the extent of the information held, WPD also confirmed that nothing further was held. The Commissioner is satisfied that WPD is entitled to rely of regulation 12(5)(b) and 13 of the EIR for the non disclosure of the remaining withheld information. She is also satisfied that some information is not held and therefore except under regulation 12(4)(a) and that WPD has, on the balance of probabilities, identified and addressed all the recorded information it holds falling within the scope of the complainant’s requests. In terms of procedural matters, the Commissioner has identified breaches of regulations 5(2), 7(1), 7(3) and 11(4). The Commissioner does not require any further action to be taken.