Environmental information regulations

The Environmental Information Regulations 2004 establish an access regime which allows people to request environmental information from public authorities and those bodies carrying out a public function.

Any request for information held by/on behalf of a public authority or a body carrying out a public function is technically a Freedom of Information request in the first instance.

Section 39 of the Freedom of Information Act then exempts environmental information from being dealt with under the Act and provides it should be dealt with under the Environmental Information Regulations 2004.

What is environmental information?

The definition of environmental information is very broad and includes information on

• The state of the elements of the environment such as
  • air and atmosphere
  • water
  • soil
  • land
  • landscape and natural sites including wetlands, coastal and marine areas and biological diversity and its components
  • genetically modified organisms, and the interaction among these elements
• Substances such as
  • energy
  • noise
  • radiation or waste including radioactive waste, emissions, discharges and other releases into the environment
• Measures (including administrative measures) such as
  • policies
  • legislation
  • plans
  • programmes
  • environmental agreements
  • activities affecting or likely to affect the environment
• Reports on the implementation of environmental legislation
• Cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to above
• The state of human health and safety including
  • the contamination of the food chain
  • conditions of human life
  • cultural sites and built structures in as much as they are or may be affected by the state of the elements of the environment and interraction between them

Making an environmental information regulations request

You may make a request for environmental information in the same way we have outlined for making a freedom of information request, by email, letter, verbally or calling 020 7525 7511.

• A request can be verbal or written, electronic or hardcopy
• We will usually respond to a request within 20 working days of receipt, however this time period can be extended to 40 working days if the request is complex and voluminous
• If we receive a request which we believe is too general, we will contact you as soon as possible to try to determine specifically what information it is that you would like
• When making a request for information you may state a preference as to the form / format in which you would like the information to be provided eg hardcopy / electronic etc
• We may charge a reasonable fee for disclosing information, however an we cannot charge you to inspect the information in situ
• Inevitably there is information for which there would be adverse consequences should it be released, for example the nesting location of a rare bird species. To prevent such an event happening, the EIRs contain a number of exceptions which would us to withhold that information
• If we refuse to disclose all/part of the information requested, we must state in writing what exception the information falls under and justify thedecision that the exception should be applied. We will also inform you that you have a right to appeal the decision.  The process for appeals is as described for the Freedom of Information Act.