Animal and Plant Health Agency

In two requests the complainant has requested information about fish farms. The Animal and Plant Health Agency (APHA) handled the requests under FOIA and refused them as vexatious requests under section 14(1).The Commissioner’s decision is as follows: The requests are for environmental information within the definition at regulation 2 of the EIR. APHA should therefore have handled the requests under the EIR rather than FOIA. APHA’s refusal of the requests didn’t comply with regulation 14 of the EIR as it incorrectly refused the requests under FOIA. The Commissioner requires APHA to take the following step to ensure compliance with the legislation: Reconsider the two requests under the provisions of the EIR and issue responses to the complainant.