One World... Access to Environmental Information

If the competent authority refuses my request or I am dissatisfied with the way in which it has dealt with it, how should I proceed?

You should apply to the competent authority's internal review/complaints procedure.

You may apply to the authority's internal review procedure if an authority:

¤ has refused information,

¤ states they do not hold the information requested,

¤ or any other aspect of the regulations which you feel an authority has not complied with e.g. if they have not supplied the information requested within 30 days and have not provided justification for this, if you think the fee charged is unreasonable etc.

If the competent authority does not hold part or all the information requested they must issue a refusal notice. A refusal notice must include:

¤ details of their review/complaints procedure in case you wish to appeal against their decision.

Under the regulations the competent authority has a duty to have an internal review procedure. Therefore, should you believe that the authority holds information that they state they do not, your first action should be to apply for reconsideration through the authority's own internal review procedure. You must apply to the competent authority in writing within 30 days of receipt of the refusal notice.

If the competent authority informs you that it does not hold the information requested and that another authority/agency holds the information but refuses to disclose it, you may wish to consider your legal rights as contained in the provision of article 469A of Chapter 12 of the Laws of Malta. You should always however seek legal advice in this regard. Alternatively recourse may be made to the Ombudsman.