Environmental Information Regulations
The Environmental Information Regulations 2004 came into force on the 1st January 2005 to coincide with the Freedom of Information Act.
The Regulations give people a right to ask a public authority holding environmental information, either in writing or verbally, for specific information and expect a response within 20 working days, or 40 working days if the request is complex or voluminous. There may be a charge for providing the information, in line with the fees charged for requesting information under the Freedom of Information Act.
Environmental information includes all the information that you would expect to be environmental, such as:
- Information about air, water, soil, land, flora and fauna, energy, noise, waste and emissions
Environmental Information also includes information which has a clear link to the environment but may not appear to be environmental at first glance. For example:
- Any decisions, measures and activities affecting or likely to affect any of the above
- Financial and cost benefit analysis relating to these would also be classed as environmental information
- Certain information about human health and the food chain, built structures and cultural sites.
There have been Environmental Information Regulations in the UK since 1992, based on European legislation. In 1998 the UK was a signatory to an international convention, the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters. Because of the principles laid down in the Aarhus Convention the, European Union introduced a new Directive on public access to environmental information (2003/4/EC). As with all member states the UK had to update its Environmental Information Regulations in line with this Directive.
There are differences between definitions and the rights of access to information between the Environment Regulations and the Freedom of Information Act. Also If the requests falls under the Environmental Regulations then it will be exempt under Freedom of Information.
The Department for Environment, Food and Rural Affairs (Defra) have an Environmental Information Unit to provide advice and guidance to the public and authorrities and have produced a leaflet for the public.