environmental information regulations
📖 What is environmental information regulations? Meaning and definition
The Environmental Information Regulations 2004 (EIR) provide a framework for individuals to access environmental information held by public authorities in the UK. When a request for information is made, a public authority must decide whether the request falls under the EIR or the Freedom of Information Act 2000 (FOIA). This distinction is crucial because different rules apply depending on which legislation governs the request. For information to be considered 'environmental' under the EIR, it must relate to a 'measure' with a required environmental impact, rather than purely administrative evaluations of, for example, research centres.
One key aspect of the EIR is regulation 6(1)(b), which addresses the form and format in which information is made available. If an applicant requests information in a specific format, the public authority should generally provide it in that way, unless it is reasonable to provide it in another format, or if the information is of a certain type. For instance, a public authority might invite an applicant to view electronic environmental information on a computer screen at its premises, even if the request was for the information to be supplied in that same electronic format.
The EIR also includes provisions for withholding information under certain circumstances. Regulation 12(3), for example, allows public authorities to withhold personal information. This means that even if information is environmental, parts of it might be kept confidential if they relate to individuals, such as details about agricultural subsidies paid to specific people grazing livestock on common land.
📋 Requirements
- The information must be held by a public authority.
- The information must be 'environmental' in nature, relating to a measure with a required environmental impact.
- Requests for information can specify a particular form or format for its release.
📝 Procedure
- An applicant makes a request for environmental information to a public authority.
- The public authority assesses whether the request falls under the Environmental Information Regulations 2004 or the Freedom of Information Act 2000.
- If the request is under EIR, the public authority determines the appropriate form or format for providing the information, considering the applicant's request and reasonableness.
- The public authority may withhold certain information, such as personal information, under specific regulations like regulation 12(3).
💡 Examples
- A person requests electronic data about local air quality from their council, and the council offers for them to view it on a computer screen at their offices.
- An individual asks for details on agricultural subsidies paid to farmers grazing livestock in a national park, but some personal details of the farmers are withheld under the regulations.
- A request for evaluations of a university research centre's performance is determined not to be environmental information, as the 'measure' is administrative assessment rather than environmental impact.
📚 Legal basis
- Environmental Information Regulations 2004 (SI 2004/3391)
- Tribunals, Courts and Enforcement Act 2007
❓ Frequently asked questions
What kind of information is considered 'environmental' under these regulations?
Information is considered 'environmental' if it relates to a 'measure' that has a required environmental impact. It does not typically include purely administrative evaluations, even if the underlying work is connected to environmental priorities.
Can a public authority refuse to give me information in the format I ask for?
A public authority should generally provide the information in the format you request. However, they can provide it in another form or format if it is reasonable for them to do so, or if the information falls under specific exceptions.
Can public authorities withhold any information requested under the Environmental Information Regulations?
Yes, public authorities can withhold certain information. For example, regulation 12(3) allows them to withhold personal information, such as details about individuals receiving agricultural subsidies.
What is the difference between the Environmental Information Regulations and the Freedom of Information Act?
The key difference lies in the type of information covered. The Environmental Information Regulations specifically deal with environmental information, while the Freedom of Information Act covers a broader range of public information. A public authority will determine which set of rules applies to your request.
If I disagree with a public authority's decision under the EIR, what can I do?
If you disagree with a public authority's decision, you may have the right to appeal to a tribunal, such as the First-tier Tribunal (General Regulatory Chamber), and potentially further to the Upper Tribunal, as seen in various case examples.