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Decision Summary

  • Case Ref: FER0166266
  • Date: 9 December 2009
  • Public Authority: Staffordshire County Council
  • Summary: The complainant requested copies of the Annual Mineral Returns filed in the last 10 years for Moneystone quarry comprising of the figures for the sales and reserves for each year. Staffordshire County Council (the council) initially refused to disclose this information under section 41 of the Freedom of Information Act 2000 (the Act) on the basis that it was provided to them in confidence. However, having been invited by the Commissioner to reconsider the request under the Environmental Information Regulations 2004 (EIR), the council concluded that the information was exempt from disclosure under Regulations 12(5)(e) and 12(5)(f) of the EIR. Subsequently, the council changed it position again and argued that the sales figures were exempt under section 41 of the Act and the reserves were exempt under Regulations 12(5)(e) and 12(5)(f) of the EIR. The Commissioner finds that both exceptions are engaged in respect of the sales and reserve figures with the public interest test favouring disclosure of the information. This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]