department of transport v Hastings

Question 1

first lesson

Answer 1

important conceptual difference between definitions of info under section 1(1) and 84 of FOIA on the one hand and on the other “environmental information” within category C of ref 2(1). FOIA is the actual info but environmental regulations need to identify the measure

Question 2

second lesson

Answer 2

not to look at the bigger picture when determining if it’s on proper analysis “environmental info”. This phrase is unhelpful, can deflect from the statutory definition

Question 3

third

Answer 3

in applying category C of the EIR defintion. Tribunal should not have regards to to issues with which the info is not concerned or issues with which the info is merely connected. Not restricted by what the info is specifically about

Question 4

fourth

Answer 4

Once the line between the envrionemental and other info has been properly identified, then the decision as to which side of the line particular info falls is fact and context-specific,

Question 5

the correct legal position 3 stages

Answer 5

-“environmental info” must be construed broadly
- the document containg the requested info must be considered as a whole. whether the info as whole is info ‘on’ one or more of the matters identified in the regulation 2(1) EIR defintion
Where the PA has disaggregated the info in the document into info which it accepts is environmental info and info which it considers is info. The trbunal must as itself whther those companies are seperate info ‘on’ one or more of the matters set out in reg 2(1) of the EIR.