Southern Water Services Ltd

The complainant has requested a trade effluent consent register and trade effluent sampling results. Southern Water disclosed some information and has relied on regulation 12(5)(d) and regulation 12(5)(e) of the EIR to withhold the remainder. These exceptions concern the confidentiality of proceedings and commercial or industrial information, respectively. Southern Water also indicated that the request was manifestly unreasonable under regulation 12(4)(b). The Commissioner’s decision is that the request isn’t manifestly unreasonable and so Southern Water can’t rely on regulation 12(4)(b) to refuse it. Southern Water also can’t rely on regulations 12(5)(d) and 12(5)(e) to withhold the requested information as the information is on emissions for the purposes of regulation 12(9) of the EIR. Regulation 12(9) prevents such information from being withheld under these regulations. The Commissioner requires Southern Water to take the following step to ensure compliance with the legislation: Disclose to the complainant the information that it has withheld.