South West Water
- Date 18 September 2023
- Sector Other
- Decision(s) EIR 11: Upheld, EIR 12.5.b: Not upheld, EIR 14: Upheld
The complainant has requested the start and finish time regarding a discharge (combined sewer overflow) on a specific date and any other spills that occurred at the same time in the Exmouth area. South West Water (SWW) refused the request, citing regulation 12(5)(b)(course of justice) of the EIR. The Commissioner’s decision is that SWW has correctly relied on regulation 12(5)(b) of the EIR to withhold the information and the balance of the public interest favours maintaining the exception. However, SWW breached regulations 11 and 14 of the EIR. The Commissioner does not require further steps. Information Tribunal EA/2023/0443 FTT appeal allowed.