Environmental Information Regulations
On 1st January 2005 revised Environmental Information Regulations (EIR) came into effect.
Where a |Request for Environmental Information is received it will be dealt with under the Environmental Information Regulationsand not Freedom of Information (FOI). Since 1992 it has been the right of the public to have access to environmental information under these regulations. The regulations have, however, been revised to take into account the Aarhus Convention and the EU Directive on Public Access to Environmental Information.
The new regulations take Freedom of Information into account and share many common elements.
There a a few notable differences:
- requests can be verbal or in writing
- there is no delay to the 20 day response time whilst charges are made
- there is no upper limit for charges above which a request can be refused
- there is no fee structure but charges must not exceed the costs reasonably incurred
- the response time can be extended in the case of complex or voluminous requests
- all exceptions (exemptions) are subject to the public interest test.
Environmental Information
Even if one of the exemptions applies, the information must be disclosed unless the public interest in withholding it is greater than the public interest in releasing it.
The Definition of Environmental Information
- The state of the elements of the environment such as:
- Air and atmosphere
- Water
- Soil
- Land
- Landscape and natural sites, wetlands and coastal and marine areas.
- Biological diversity and its components including genetically modified organisms. - The interaction between the elements listed in the bullet point above.
- Factors such as substances, energy, noise, radiation or waste.
- Emissions, discharges and other releases into the environment.
- Measures such as policies, legislation, plans, programmes and environmental agreements.
- Cost benefit and other economic analyses and assumptions used in environmental decision making.
- The state of human health and safety, conditions of human life, cultural sites and built structures in as much as they are affected by anything above.
Refusing a Request
All exceptions (equivalent to Freedom of Information exemptions) under Environment Information Requests are subject to a Public Interest Test and so there are no absolute guarantees of non-disclosure.
Refusals can be made under Environmental Information Regulations if:
- information is not held (refer request on)
- request is manifestly unreasonable
- request is too general (after requesting more details)
- request is for unfinished documents or data (in which case an estimated time for completion should be advised)
- request involves disclosure of internal communication.
Refusal can also be made if disclosure would adversely affect:
- confidentiality of proceedings
- international relations/public security/defence
- the course of justice and right to a fair trail
- commercial confidentiality
- intellectual property rights
- personal/voluntary data
- environmental protection.
Note: Information about emissions cannot be refused under 1,4,6 or 7.
Making an Environmental Information Request
A request under Environmental Information Request can be in writing or verbal. To allow us to respond promptly it would help us if you could use one of the following methods of contact:
