Licence for raw sewage discharge into Marine Nature Reserves

Summary

The requester asked for DEFA Byelaw 14 permits for raw sewage discharge into Laxey Bay and West Coast Marine Nature Reserves from 2018 to 2024. The Manx Utilities Authority responded that the information is not held because discharges are regulated under the Water Pollution Act 1993, and Byelaw 20 exempts relevant authorities from the Marine Nature Reserve Byelaws.

Key Facts

• The requested information regarding Byelaw 14 permits was not held by the authority.
• Current wastewater discharges into Laxey, Garwick, and Peel Bays are regulated by DEFA under the Water Pollution Act 1993.
• Byelaw 20 of the Manx Marine Nature Reserve Byelaws 2018 states that the byelaws do not interfere with the functions of relevant authorities like Manx Utilities.
• Manx Utilities is defined as a 'relevant authority' under Byelaw 20, meaning no further permits under the 2018 Byelaws are required.
• The request was closed on 18 June 2024 following the determination that the specific documents do not exist.

Data Disclosed

• 2018-09-01
• 2018
• 2019
• 2020
• 2021
• 2022
• 2023
• 2024
• 3867449
• 2024-05-20
• 2024-06-18
• 1993

Exemptions Cited

• Information not held
• Byelaw 20 exemption for relevant authorities

Original Request

Laxey and Garwick Bays were designated as the 'Laxey Bay Marine Nature Reserve' (MNR) on 1st September 2018. Peel Bay was designated as part of the 'West Coast MNR' on the same date. MNRs are highly protected areas for nature conservation purposes in Manx law and Government policy. Byelaw 5 of the Manx Marine Nature Reserve Byelaws 2018 states: 'No person may deposit or permit the deposit of any substance or article in any part of the Reserves except under a permit issued by the Department under byelaw 14.' Please could you kindly provide a copy of your DEFA Byelaw 14 permits to deposit raw (untreated and unfiltered) sewage into the marine environment of both the Laxey Bay MNR and the West Coast MNR for each of the following years: 2018, 2019, 2020, 2021, 2022, 2023 and 2024. If these are not held, please could you state why along with outlining rectification actions. Thank you.

Data Tables (1)

Full Response Text

Manx Utilities PO Box 177, Douglas Isle of Man, IM99 1PS

e: enquiries@manxutilities.im t: 01624 687687 www.manxutilities.im

Our ref: 3867449 18 June 2024

Dear ###

We write further to your request received 20 May 2024, which states:

"Laxey and Garwick Bays were designated as the 'Laxey Bay Marine Nature Reserve' (MNR) on 1st September 2018. Peel Bay was designated as part of the 'West Coast MNR' on the same date.

MNRs are highly protected areas for nature conservation purposes in Manx law and Government policy.

Byelaw 5 of the Manx Marine Nature Reserve Byelaws 2018 states: 'No person may deposit or permit the deposit of any substance or article in any part of the Reserves except under a permit issued by the Department under byelaw 14.'

Please could you kindly provide a copy of your DEFA Byelaw 14 permits to deposit raw (untreated and unfiltered) sewage into the marine environment of both the Laxey Bay MNR and the West Coast MNR for each of the following years: 2018, 2019, 2020, 2021, 2022, 2023 and 2024.

If these are not held, please could you state why along with outlining rectification actions.
Thank you."

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. This is because the current discharges from the Manx Utilities’ public wastewater network into Laxey, Garwick and Peel Bays are regulated through the discharge licenses issued by DEFA under the Water Pollution Act 1993. These are available to view on request.

To provide advice and assistance Manx Utilities’ current understanding is that no further permits are required under the Manx Marine Reserve Nature Reserve Byelaws 2018, as byelaw 20 states:

20 Functions of a relevant authority

(1) Nothing in these Byelaws interferes with the exercise of any functions of a relevant authority, any functions conferred by or under an enactment (whenever passed) of any right of any person (whenever vested).

(2) In this byelaw, “relevant authority” means the Manx Utilities Authority, the Department of Environment, Food and Agriculture, the Department of Infrastructure, the Department for Enterprise, a lighthouse authority or a drainage authority.

Please quote the reference number 3867449 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.