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19.—(1) Where an operator is of the opinion that environmental information which it sends to the competent authority under these Regulations should not be made available on request by reason of—
(a)in the case of the Executive, ONR, Environment Agency or Natural Resources Body for Wales, an exception in regulation 12 or 13 of the 2004 Regulations,
(b)in the case of the Scottish Environment Protection Agency, an exception in regulation 10 or 11 of the 2004 (Scotland) Regulations,
the operator must, when it sends that information to the competent authority, inform the competent authority in writing of its opinion and the reasons for it.
(2) Where it receives a request for environmental information under the 2004 Regulations or 2004 (Scotland) Regulations, as the case may be, the competent authority must, in dealing with that request, take into account any opinion and reasons provided by the operator in accordance with paragraph (1) in relation to that information.
(3) In this regulation—
(a)“the 2004 Regulations” means the Environmental Information Regulations 2004(1); or
(b)“the 2004 (Scotland) Regulations” means the Environmental Information (Scotland) Regulations 2004(2);
(c)“environmental information” has the meaning—
(i)in the case of information sent to the Executive, ONR, Environment Agency or Natural Resources Body for Wales, given in regulation 2(1) of the 2004 Regulations;
(ii)in the case of information sent to the Scottish Environment Protection Agency, given in regulation 2(1) of the 2004 (Scotland) Regulations.
S.I. 2004/3391, to which there are amendments not relevant to these Regulations.
S.S.I. 2004/520, to which there are amendments not relevant to these Regulations.
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