List of navigation authorities

John Cross made this Freedom of Information request to Environment Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Environment Agency,
This is a request for environmental information.

1. Please could you provide me with a list of navigation authorities for inland waterways in the United Kingdom.

2. Please could you let me know whether:

(a) the Duchy of Lancaster;
(b) the Duchy of Cornwall; and
(c) the Duke of Cornwall

(i) are listed in any environmental registers held by the Environment Agency;

(ii) have any special regulatory or administrative function in relation to the environment (e.g. navigation authority, port authority or similar);

(iii) have any special right to be consulted in relation to environmental matters; or

(iv) have any other special rights or responsibilities in relation to the environment.

Thank you for your help.
Yours faithfully,

John Cross

Enquiries, Unit, Environment Agency

Thank you for contacting the Environment Agency. Please see below
regarding our response times and environmental incident reporting

You can expect to receive a reply from us within 10 working days for any
general enquiry. Please note that bank holiday days and weekends are not
classed as a working day.

If your enquiry refers to a Simple Exemptions application you can expect
to receive a response within 25 working days.

The Customer Charter (response days) for all enquiries start from the next
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e-mail's customer charter sent to us on a Friday will start on the
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For further information on our Customer Charter please see

[1]http://www.environment-agency.gov.uk/abo...

But my e-mail refers to an Environmental Incident, won't it get answered
sooner?

If you wish to report an incident i.e. pollution, fish in distress,
dumping of hazardous waste, etc please do not use this e-mail service
instead please call our free-phone 24 hour Incident Hotline on 0800 80 70
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John Cross left an annotation ()

I blogged about this here: http://confirm-or-deny.blogspot.com/2009...

Enquiries, Unit, Environment Agency

Dear Mr Cross

Thankyou for your email.

I have attached a link to the Inland Waterways website below, where you
will find a list of all navigation authorities

[1]http://www.waterways.org.uk/Waterways/Pr...

For your information I have also assed your query to our Freedom Of
Information team, who will contact you further.

Kind regards

Amy E Jackson
Environment Agency
National Customer Contact Centre
Sheffield
0870 8506 506

show quoted sections

Dear Amy Jackson,

Thank you for your email. Does the list include all navigation authorities or just the main ones? I ask because it says "Principal Navigations".

Yours sincerely,

John Cross

Enquiries, Unit, Environment Agency

Thank you for contacting the Environment Agency. Please see below
regarding our response times and environmental incident reporting

You can expect to receive a reply from us within 10 working days for any
general enquiry. Please note that bank holiday days and weekends are not
classed as a working day.

If your enquiry refers to a Simple Exemptions application you can expect
to receive a response within 25 working days.

The Customer Charter (response days) for all enquiries start from the next
working day of you receiving this auto reply from us. For example an
e-mail's customer charter sent to us on a Friday will start on the
following Monday providing this isn't a bank holiday.

For further information on our Customer Charter please see

[1]http://www.environment-agency.gov.uk/abo...

But my e-mail refers to an Environmental Incident, won't it get answered
sooner?

If you wish to report an incident i.e. pollution, fish in distress,
dumping of hazardous waste, etc please do not use this e-mail service
instead please call our free-phone 24 hour Incident Hotline on 0800 80 70
60. For more details about incident reporting please see:

[2]http://www.environment-agency.gov.uk/con...

Information in this message may be confidential and may be legally
privileged. If you have received this message by mistake, please notify
the sender immediately, delete it and do not copy it to anyone else.

We have checked this email and its attachments for viruses. But you should
still check any attachment before opening it.

We may have to make this message and any reply to it public if asked to
under the Freedom of Information Act, Data Protection Act or for
litigation. Email messages and attachments sent to or from any
Environment Agency address may also be accessed by someone other than the
sender or recipient, for business purposes.

If we have sent you information and you wish to use it please read our
terms and conditions which you can get by calling us on 08708 506 506.
Find out more about the Environment Agency at
[3]www.environment-agency.gov.uk

References

Visible links
1. http://www.environment-agency.gov.uk/abo...
file:///tmp/BLOCKED::http:/www.environment-agency.gov.uk/aboutus/customercharter/
2. http://www.environment-agency.gov.uk/con...
3. http://www.environment-agency.gov.uk/

NE-Templeborough-Freedom-Of-Information, Environment Agency

Dear Mr Cross

Thank you for your Freedom of information request regarding the:

1) Duchy of Lancaster
2) Duchy of Cornwall
3) Duke of Cornwall

I have spoken to our Head of Navigation who has advised that we would not
hold information you have requested regarding navigation authorities
within the agency.

He has advised that the Association of Inland navigation authorities may
have information which may assist you. The link to their website is :

[1]www.aina.co.uk

On the question of are there any environmental permits held, do they have
they any special rights of consultation, have they any special regulatory
functions or any special rights or responsibilities I wonder if you could
clarify this further for us. Is the enquiry in relation to navigation only
or do they encompass other matters such as waste, water quality, water
resources.

Please contact us if you would like to speak to a member of the team who
will be able to advise you further.

Kind Regards

Freedom of Information Team
08708 506506

show quoted sections

Dear Freedom of Information Team,
Thank you for your email.

You asked:

"On the question of are there any environmental permits held, do they have they any special rights of consultation, have they any special regulatory functions or any special rights or responsibilities I wonder if you could clarify this further for us. Is the enquiry in relation to navigation only or do they encompass other matters such as waste, water
quality, water resources.."

Please follow the definition of "environment" in the Environmental Information Regulations. I am not sure that counts as a clarification though in terms of time limits for replying to my request in full.

Yours sincerely,

John Cross

NE-Templeborough-Freedom-Of-Information, Environment Agency

Mr John Cross

Our ref: FOI 1109
Your ref: FOI 1109
Date: 17 December 2009

Dear Mr Cross

RE: Request for information under the Freedom of Information Act 2000
(FOIA) / Environmental Information Regulations 2004 (EIR)

We refer to your request for information of 7 December 2009, relating to
the Duchy of Cornwall, the Duke of Cornwall and the Duchy of Lancaster.

Requests for information that is recorded are generally governed by the
Freedom of Information Act 2000 (FOIA). The information you have requested
is environmental and it is therefore exempted from the provisions of FOIA
by FOIA s.39(1). We have therefore considered your request under the
provisions of the Environmental Information Regulations 2004 (EIR). EIR
regulation 12 allows a public authority to refuse to disclose
environmental information if an exception to disclosure applies under
paragraphs (4) or (5) and in all the circumstances of the case, the public
interest in maintaining the exception outweighs the public interest in
disclosing the information. A public authority shall apply a presumption
in favour of disclosure.

Relevant exceptions

The exceptions that apply to this information are:

EIR Regulation 12(4)(c) applies - we may refuse to disclose information to
the extent that the request for information is formulated in too general a
manner and we have complied with our duties under EIR Regulation 9 to
provide you with advice and assistance. We refer to the advice and
assistance we have given in emails of 14 December 2009. We have remained
unable to identify the information that you have requested so that we
could collate and consider it for release.'

The Public Interest Test

We have weighed the public interest factors in favour of maintaining the
exceptions and find that they outweigh the public interest factors in
disclosing the information. In carrying out the public interest test we
have considered:

1. Factors in favour of releasing the information:

o General presumption of openness. The Environment Agency would only
withhold information if it is sure that disclosure would cause substantial
harm. Here the harm is that it would take significant resource and time to
find any information that may be relevant to your request, unless you can
be more specific about what you are interested in.

2. Factors in favour of withholding the information:

o Prejudicing the effective running of the Environment Agency or
other public bodies. The time it would take for us to search all our
records for any potentially relevant information when the request is not
clearly defined would detract from our primary task of protecting the
environment.

As indicated, upon assessing the factors in the public interest test, we
have assessed that in relation to the request being too general, we find
that the factors in favour of withholding information outweigh the public
interest factors in disclosing the information.

Rights of appeal

If you are not satisfied with our response to your request for
information, you can contact us to ask for our decision to be reviewed. If
you are still not satisfied following this, you can make an appeal to the
Information Commissioner, who is the statutory regulator for Freedom of
Information. The address is: Office of the Information Commissioner,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Tel: 01625 545700.
Fax: 01625 524 510.
E-mail:[email address].
Website: http//www.informationcommissioner.gov.uk

Yours sincerely

Joanne Carney
Freedom of Information Team
National Customer Contact Centre

Information in this message may be confidential and may be legally
privileged. If you have received this message by mistake, please notify
the sender immediately, delete it and do not copy it to anyone else.

We have checked this email and its attachments for viruses. But you should
still check any attachment before opening it.

We may have to make this message and any reply to it public if asked to
under the Freedom of Information Act, Data Protection Act or for
litigation. Email messages and attachments sent to or from any
Environment Agency address may also be accessed by someone other than the
sender or recipient, for business purposes.

If we have sent you information and you wish to use it please read our
terms and conditions which you can get by calling us on 08708 506 506.
Find out more about the Environment Agency at
[1]www.environment-agency.gov.uk

References

Visible links
1. http://www.environment-agency.gov.uk/

Dear Sirs,
You refused to provide some of the information I requested on the basis that my request was framed in too general a manner.

I will now attempt to narrow my original request for information and frame it in a very specific manner. Please could consider each numbered part to be a separate request. Please answer all the request that follow to the best of your knowledge and belief based on the records you hold, stating sources and assumptions where appropriate. Please interpret references to the Duchy of Cornwall as including the Duke of Cornwall.

(1) Is the Duchy of Lancaster a port authority?

(2) Is the Duchy of Cornwall a port authority?

(3) Is the Duchy of Lancaster a navigation authority?

(4) Is the Duchy of Cornwall a navigation authority?

(5) Is the Duchy of Lancaster listed in any environmental registers held by the Environment Agency? (if so please supply the names of the registers)

(6) Is the Duchy of Cornwall listed in any environmental registers held by the Environment Agency? (if so please supply the names of the registers)

(7) Does the Duchy of Lancaster have any special right to be consulted by the Environment Agency in relation to environmental matters?

(8) Does the Duchy of Lancaster have any special right to be consulted by the Environment Agency in relation to environmental matters?

I hope that you will agree with me that each of these eight requests are specific and expressed clearly. Please take into account the presumption in favour of disclosure when dealing with my requests.

If in the course of looking into the specific questions you find any information that would be relevant to my earlier request I would be grateful if you could send it to me as a matter of good practice.

Yours sincerely,

John Cross

NE-Templeborough-Freedom-Of-Information, Environment Agency

Dear Mr Cross

Thank you for your email requesting an internal review for the freedom of
Information request (FOI 1109).

We have a customer charter of 40 working days from the time of
our response to your request (16th December) in which to carry out the
review (10th February)

I can however assure you that we will carry out the review as soon as is
practically possible.

Kind Regards

Linda Morris
National Customer Contact Centre

Information in this message may be confidential and may be legally
privileged. If you have received this message by mistake, please notify
the sender immediately, delete it and do not copy it to anyone else.

We have checked this email and its attachments for viruses. But you should
still check any attachment before opening it.

We may have to make this message and any reply to it public if asked to
under the Freedom of Information Act, Data Protection Act or for
litigation. Email messages and attachments sent to or from any
Environment Agency address may also be accessed by someone other than the
sender or recipient, for business purposes.

If we have sent you information and you wish to use it please read our
terms and conditions which you can get by calling us on 08708 506 506.
Find out more about the Environment Agency at
[1]www.environment-agency.gov.uk

References

Visible links
1. http://www.environment-agency.gov.uk/

NE-Templeborough-Freedom-Of-Information, Environment Agency

Mr John Cross

Our ref: FOI 1109

Your ref: FOI 1109

Date: 21 January 2010

Dear Mr Cross

RE: Request for information under the Freedom of Information Act 2000 (FOIA)
/ Environmental Information Regulations 2004 (EIR)

We refer to your request for an Internal Review of 20th December 2009,
relating to the Duchy of Cornwall, the Duke of Cornwall and the Duchy of
Lancaster

I note that we have previously provided you with links to other sources
where we feel you can easily obtain the information you require, as the
Environment Agency does not hold this information. This applies to question
1 to 4 and the links can be found below:

[1]http://www.waterways.org.uk/Waterways/Pr...

In addition to this I have also attached another link which will help you in
your search:

[2]http://www.britishports.org.uk/public/ou...

Regarding questions 5 and 6 ( Environmental Registers) I have attached
another link which we have not sent previously that will help you obtain
the information you require:

[3]http://www2.environment-agency.gov.uk/ep...

After reviewing your original and subsequent requests, I uphold and agree
with the original decision of refusal based on the following:

Requests for information that is recorded are generally governed by the
Freedom of Information Act 2000 (FOIA).The information you have requested is
environmental and it is therefore exempted from the provisions of FOIA by
FOIA s.39(1). We have therefore considered your request under the provisions
of the Environmental Information Regulations 2004 (EIR). EIR regulation 12
allows a public authority to refuse to disclose environmental information if
an exception to disclosure applies under paragraphs (4) or (5) and in all
the circumstances of the case, the public interest in maintaining the
exception outweighs the public interest in disclosing the information. A
public authority shall apply a presumption in favour of disclosure.

Relevant exceptions

The exceptions that apply to this information are:

EIR Regulation 12(4)(c) applies - we may refuse to disclose information to
the extent that the request for information is formulated in too general a
manner and we have complied with our duties under EIR Regulation 9 to
provide you with advice and assistance. We refer to the advice and
assistance we have given in emails of 15 December 2009. We have remained
unable to identify the information that you have requested so that we could
collate and consider it for release.'

The Public Interest Test

We have weighed the public interest factors in favour of maintaining the
exceptions and find that they outweigh the public interest factors in
disclosing the information. In carrying out the public interest test we have
considered:

1. Factors in favour of releasing the information:

. General presumption of openness. The Environment Agency would only
withhold information if it is sure that disclosure would cause substantial
harm. Here the harm is that it would take significant resource and time to
find any information that may be relevant to your request, unless you can be
more specific about what you are interested in.

2. Factors in favour of withholding the information:

. Prejudicing the effective running of the Environment Agency or
other public bodies. The time it would take for us to search all our
records for any potentially relevant information when the request is not
clearly defined would detract from our primary task of protecting the
environment.

As indicated, upon assessing the factors in the public interest test, we
have assessed that in relation to the request being too general, we find
that the factors in favour of withholding information outweigh the public
interest factors in disclosing the information.

Please be assured that here at the Environment Agency, every is made to be
open, honest and transparent. We are always prepared to help our customers
as much as possible and if you would like to discuss this with me, please
call me on the telephone number at the bottom of this letter.

Rights of appeal

If you are not satisfied with our response to your request for information,
you can contact us to ask for our decision to be reviewed. If you are still
not satisfied following this, you can make an appeal to the Information
Commissioner, who is the statutory regulator for Freedom of Information. The
address is: Office of the Information Commissioner, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF .

Tel: 01625 545700.

Fax: 01625 524 510.

E-mail:[email address].

Website: [4]http//www.informationcommissioner.gov.uk

Yours sincerely

Alan Lee

Team Leader

Environment Agency

National Customer Contact Centre

Tel: 01709 389215 / 711 3215

Information in this message may be confidential and may be legally
privileged. If you have received this message by mistake, please notify
the sender immediately, delete it and do not copy it to anyone else.

We have checked this email and its attachments for viruses. But you should
still check any attachment before opening it.

We may have to make this message and any reply to it public if asked to
under the Freedom of Information Act, Data Protection Act or for
litigation. Email messages and attachments sent to or from any
Environment Agency address may also be accessed by someone other than the
sender or recipient, for business purposes.

If we have sent you information and you wish to use it please read our
terms and conditions which you can get by calling us on 08708 506 506.
Find out more about the Environment Agency at
[5]www.environment-agency.gov.uk

References

Visible links
1. http://www.waterways.org.uk/Waterways/Pr...
http://www.waterways.org.uk/Waterways/Pr...
2. http://www.britishports.org.uk/public/ou...
http://www.britishports.org.uk/public/ou...
3. http://www2.environment-agency.gov.uk/ep...
http://www2.environment-agency.gov.uk/ep...
4. http://www.ico.gov.uk/
5. http://www.environment-agency.gov.uk/

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