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Environmental Information Regulations

Revised EIR come into effect on 1st January 2005. Where an information request is for environmental information it should be dealt with under (EIR) and not FOI. You have had a right of access to environmental information under these regulations since 1992. However the regulations have been revised to take into account the Aarhus Convention and the EU Directive on Public Access to Environmental Information.

The new regulations take account of FOI and share many common elements. However a few notable differences exist:

1. requests can be verbal or in writing;
2. there is no delay to the 20 day response time whilst charges are made;
3. there is no upper limit for charges above which a request can be refused;
4. there is no fee structure but charges must not exceed the costs reasonably incurred 
5. 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

1. 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.
2. the interaction between the elements in (a) above;
3. factors such as substances, energy, noise, radiation or waste;
4. emissions, discharges and other releases into the environment;
5. measures such as policies, legislation, plans, programmes and environmental agreements;
6. cost benefit and other economic analyses and assumptions used in environmental decision making; and
7. 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 FOI exemptions) under EIR are subject to a Public Interest Test and so there are no absolute guarantees of non-disclosure.

Refusals can be made under EIR 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 you should provide an estimated time for completion)
• Request involves disclosure of internal communication

Refusal can also be made if disclosure would adversely effect,

• Confidentiality of proceedings.*
• International relations/public security/defence.
• The course of justice and right to a fair trial.
• Commercial confidentiality.*
• Intellectual property rights.
• Personal/voluntary data.*
• Environmental protection.*

* Information relating to emissions cannot be refused.

Environmental Information Requests - Making a Request