Environment Agency

The complainant has requested information about the Environment Agency’s internal enforcement policies and enforcement undertakings concerning water pollution incidents. The Environment Agency (‘EA’) relied on regulation 12(4)(b) of the EIR (manifestly unreasonable) to refuse the request. EA disclosed some of the requested information during the course of the Commissioner’s investigation but advised that this did not impact on its reliance on regulation 12(4)(b). The Commissioner’s decision is that EA was entitled to rely on regulation 12(4)(b) of the EIR to refuse the remainder of the request and that EA complied with its duty under regulation 9(1) to offer advice and assistance. However, he also finds that EA breached regulation 11 (reconsideration) of the EIR by failing to provide the complainant with the outcome of its internal review within 40 working days. The Commissioner does not require further steps.