Freedom of Information

What are the Environmental Information Regulations 2004?

The Environmental Information Regulations 2004 (which come into force on 1st January 2005), greatly extend the public's access to environmental information. These regulations require public authorities, and private bodies with responsibilities for the environment, to make environmental information available to any person who requests it.  

What is meant by Environmental Information Regulations 2004?

The definition of environmental information will be broader than in the 1992 Regulations. From January 2005 environmental information will cover information on the state of the environment, such as air, water, soil, land, flora and fauna and diversity and will also include information on genetically modified organisms. In addition, 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 which affect the environment.

The state of human health and safety, contamination of the food chain; cultural sites and built structures as they may be affected by environmental factors, will also be considered environmental information.  

Must the request for Environmental Information be in writing?

Unlike the Freedom of Information Act and the Data Protection Act, the Environmental Information Regulations do not state that a request must be made in writing. Therefore, if a member of staff attends a meeting or is on a site visit and a verbal request is made for environmental information, this must be responded to within the allotted period.

When can Information be withheld?

Inevitably there is information for which there would be adverse consequences should it be released. To prevent such an event happening, the EIR contain a number of exceptions which allow public authorities to withhold certain information. There is no requirement for a public authority to withhold information which would fall within an exception, the exceptions are not mandatory and a public authority may chose to release the information anyway.

All exceptions within the EIR are subject to a Public Interest Test and the public authority may refuse to disclose environmental information requested if in all the circumstances of the case, the public interest in maintaining the exception outweighs the public interest in disclosing the information. Some information can be exempted from disclosure such as personal information, information which would adversely affect the course of justice or national security and some internal communications.

A full list of the exceptions can be found on the OPSI Website