Department For Environment, Food And Rural Affairs (DEFRA)

The complainant has requested bird and bat mortality data. The above public authority relied on regulation 12(4)(a) of the EIR because it did not hold the requested information. The Commissioner’s decision is that the public authority has correctly applied regulation 12(4)(a) as, on the balance of probabilities, it does not hold the requested information. The public authority complied with its duties under regulations 9 (advice and assistance) and 10 (transfer of request) of the EIR respectively. The Commissioner does not require further steps to be taken.