Waste Licences

Summary

The requester asked for waste licence inspection reports, dates, and non-compliance notices, but the Department of Environment, Food and Agriculture closed the request without providing information due to a lack of clarification on the scope.

Key Facts

• The request was received on 4th March 2019 and closed on 29th April 2019.
• The authority stated there are currently 41 licensed sites that could fall within the scope of the request.
• The department asked the requester to narrow the search criteria to specific sites and time periods.
• No clarification was received within the 28-day deadline, leading to the request being lapsed.
• The request was closed under section 11(2)(c) of the Freedom of Information Act 2015.

Data Disclosed

• 41
• 2019-03-04
• 2019-04-29
• 2019-03-20
• 28 days
• 749270

Exemptions Cited

• Section 11(2)(c) of the Freedom of Information Act 2015 (lack of clarification)

Original Request

A copy of the latest inspection reports on sites which are subject to Waste Licences which have been issued? The dates of when the inspections were carried Out? A copy of all notices where inspections found the sites were not being operated in accordance with the the conditions contained on the Waste Licences

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: 749270 29th April 2019

Dear ###,

This request is being handled under the Freedom of Information Act 2015.

We write further to your request which was received on 4th March 2019 and which states:

"A copy of the latest inspection reports on sites which are subject to Waste Licences which have been issued? The dates of when the inspections were carried Out? A copy of all notices where inspections found the sites were not being operated in accordance with the the conditions contained on the Waste Licences" While our aim is to provide information whenever possible, in this instance, the Department of Environment, Food and Agriculture is unable to comply with your request due to lack of clarification of the request. We wrote to you on the 20th March asking: There are currently 41 licensed sites which could fall within the scope of your request. To enable us to respond to your request could you please narrow the search criteria for example to a specific site (or sites) and to a specific time period? That letter also stated: We will not be able to process your request until this information is received and you have 28 days from the date of this notice in which to respond. Should you respond after this time Department of Environment Food and Agriculture can refuse to provide you with the information requested. As no clarification has been received, under section 11(2)(c) the Department is not obliged to comply with your request and it is hereby closed.

Should you wish to submit a fresh request in simplified terms please complete and submit the required form available on our website at www.gov.im/about-the- government/freedom-of-information/make-a-freedom-of-information-request/
Please quote the reference number 749270 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.

Yours sincerely