Environmental Information Regulations
The Environmental Information Regulations (EIR) give members of the public the right to access environmental information held by public authorities. The request can be made by letter, email, telephone or in person.
The information covered can be divided into the following six main areas:
- The state of the elements of the environment, such as air, water, soil, land, fauna (including human beings)
- Emissions and discharges, noise, energy, radiation, waste and other such substances
- Measures and activities such as policies, plans, and agreements affecting or likely to affect the state of the elements of the environment
- Reports, cost-benefit and economic analyses
- The state of human health and safety, contamination of the food chain
- Cultural sites and built structures (to the extent they may be affected by the state of the elements of the environment)
The EIR apply to most public authorities, but they can also apply to any organisation or person carrying out a public administration function, and any organisation or person under the control of a public authority who has environmental responsibilities. This can include some private companies or public private partnerships, for example companies involved in energy, water, waste and transport.
If a public authority receives a request for information on any of the areas mentioned above, they are legally obliged to provide it or by issuing a refusal notice, usually within 20 working days although this can be extended to 40 working days if the information is complex or voluminous. There are a number of exceptions to this rule - for example, if the information is likely to prejudice national security - and if this is the case, the public authority must explain why the exception applies. A reasonable charge may be made for providing the information requested, although no charge can be made for information held in registers or lists or for viewing the information at that authority’s premises. Unlike FOI, there is no 'appropriate limit' to the cost of providing environmental information.
If you are unhappy about the way in which the public authority responds to your request you can make a complaint to the Information Commissioner. However, you should initially complain to the public authority itself, asking it to review what has happened. Any complaint to the Information Commissioner should be made as soon as possible, or within two months following the final response of the public authority.
Please call us on 01252 617119 to find out how we can assist you.