Illegal access to DEFA managed land

Summary

The requester asked for a list of illegal access incidents to DEFA managed land, including dates, locations, and actions taken. The authority disclosed five specific incidents resulting in successful prosecutions and directed the requester to a public database for further exempt information.

Key Facts

• The Department of Environment, Food and Agriculture (DEFA) holds records of illegal access to plantations, forests, glens, and headlands.
• Five specific incidents of illegal access were disclosed, all resulting in successful prosecutions.
• Incidents involved activities such as ground damage, unauthorized motorcycle use, unauthorized vehicle use, and unlicensed heath burning.
• Some information was withheld under Section 20 of the Freedom of Information Act as it is accessible via public means.
• The response provided a link to the Isle of Man judgments database for additional relevant information.

Data Disclosed

• 22nd January 2019
• 18th February 2019
• 15th June 2019
• 23rd June 2020
• 10th February 2021
• Ayres NNR
• Kings Forest
• Slieau Freoghane
• Dalby Mountain
• 2335777
• Section 20

Exemptions Cited

• Section 20 of the Freedom of Information Act (information accessible by other means)

Original Request

Please supply a list of Dates, Locations, Manner of access, Status of report (reported/investigated/not investigated) as well as any subsequent action taken. Please clearly state the manner of activity. Pedestrian, Cycling, Vehicular etc. of incidents of illegal access to DEFA managed land including Plantations, Forests, Glens and headlands.

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 2335777 11th April 2022

Dear ###

We write further to your request which was received on 17th March 2022 and which states:

"Please supply a list of Dates, Locations, Manner of access, Status of report (reported/investigated/not investigated) as well as any subsequent action taken. Please clearly state the manner of activity. Pedestrian, Cycling, Vehicular etc. of incidents of illegal access to DEFA managed land including Plantations, Forests, Glens and headlands."

I have detailed below the information that is held by the Department. Date Activity Location Department Action 22nd January 2019 2 persons causing ground damage Ayres NNR Successful Prosecution 18th February 2019 1 person causing ground damage Ayres NNR Successful Prosecution 15th June 2019 1 person unauthorised motorcycle use Kings Forest Successful Prosecution 23rd June 2020 1 person unauthorised vehicle use Slieau Freoghane Successful Prosecution 10th February 2021 1 person unlicensed Heath Burning Dalby Mountain Successful Prosecution

In addition to the above, some information is exempt from release under S.20 of the Freedom of Information Act as it is accessible by other means. In this instance there is information publicly available via the link below: https://www.judgments.im/content/search.mth?doctype- 1=on&textsearchtype=1&searchtype=3&pagesize=50&searchaction=Search&searchte xt=defa&templateelementids=1%2C2%2C3%2C4%2C5%2C6%2C7%2C8%2C10%2C 11%2C12%2C13%2C14%2C15%2C16%2C17%2C18%2C19%2C20%2C22%2C23%2 C24%2C25%2C26%2C50&searchbutton.x=0&searchbutton.y=0#bestbets_toggle Please quote the reference number 2335777 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.