Environmental Information Regulations

On 1 January 2005 new Environmental Information Regulations (EIR) came into force, replacing the former regulations which were in place since 1992, giving members of the public the right to access environmental Information held by public authorities.

What are the Environmental Information Regulations?
How to make a request
Fees and Charges
Refusal notices, Complaints and Appeals

What are the Environmental Information Regulations?

EIR applies to the same public authorities that are covered by the Freedom of Information Act 2000 (FOI).  However, unlike FOI, Environmental Information Regulations also include: Any body or person carrying out a function of public administration Any body or person under the control of a public authority who has responsibility in relation to the environment.  This includes some private companies and public private partnerships such as companies involved in energy, water, waste and transport.Environmental information covers information on the state of the environment such as: air, water, soil, land, flora and fauna (including human beings), diversity, genetically modified organisms information on emissions and discharges, noise, energy, radiation, waste and other such substances measures and activities such as policies, plans and agreements reports, cost benefit and economic analyses the state of the human health and safety, contamination of the food chain cultural sites and built structures (as they may be affected by environmental factors)

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How to make a request
Requests can be made verbally or in writing. If a verbal request is made we recommend that you note who you spoke to, the date and the information requested.  You may wish to follow up a verbal request with a letter or email confirming the terms of your request.

Regardless of whether the request was made verbally or in writing, public authorities must respond in writing.  Public authorities must respond as soon as possible and at the latest within 20 working days, except in circumstances where the information requested is particularly complex and voluminous.  In such case the the time limit may be extended to 40 days.

To make a request under EIR you can complete the online contact form contact the information manager.Under EIR a public authority cannot charge you for the following: access to any public registers or lists of environmental information or; to examine the information (at a place chosen by the public authority)For all other situations, charging is at the discretion of the Council.  The Council is obliged to publish a schedule of charges, information on the circumstances in which charges may be made or waived, and where advance payment will be required.

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Fees and Charges
Under EIR a public authority cannot charge you for the following: access to any public registers or lists of environmental information or; to examine the information (at a place chosen by the public authority)For all other situations, charging is at the discretion of the Council.  The Council is obliged to publish a schedule of charges, information on the circumstances in which charges may be made or waived, and where advance payment will be required.

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Refusal notices, Complaints and Appeals
Under EIR the Council have a duty to have an internal review procedure.  Should the Council refuse to supply the information or states that it does not hold the information the requestor must be provided with a refusal notice which will include details of: the Council's review/complaints procedure in case of appeal against the decision the right to appeal to the Information Commissioner's Office (ICO) the Information Commissioner's enforcement powers the right of the public and the public authority's right to appeal to the Information Tribunal following the Commissioner's decision.Additional guidance on the Freedom of Information Act and the Environmental Information Regulations are available on the Information Commissioner's website.

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