Environmental Information Regulations 2004

The Freedom of Information Act (from 1 January 2005) gives rights of access to a wide range of information held by public authorities. However, rights of access to environmental information are provided by a separate statutory regime, the Environmental Information Regulations 2004.

The new regulations also come into force on 1 January 2005.

As with the Freedom of Information Act, the Environmental Information Regulations provide a general right of access, subject to certain exemptions, to information held by public authorities. Environmental information is exempt from the Freedom of Information Act.

Unlike the Freedom of Information Act, where requests for information have to be made in writing (either by letter or e-mail), requests under the Environmental Information Regulations can also be made verbally.

Environmental information is any information in written, visual, aural, electronic or any other material form about:

• The state of the elements of the environment (such as air, water, soil, land, lanscape and natural sites, biological diversity) and the interactions between them
  
• Factors such as substances, energy, radiation, noise or waste affecting or likely to affect any of the elements mentioned above. For example, building development, loss of habitat, flooding, noise
  
• Emissions, discharges and other releases into the environment
  
• The state of human health and safety, conditions of human life, the food chain, cultural sites and built structures in as much as they are, or may be, affected by any of the elements or interaction between the elements
  
• Measures, such as plans, policies, programmes, activities and agreements, that affect, or are likely to affect / intend to protect, the elements or interaction between the elements
  
• Cost benefit and other economic analysis used in environmental decision making

This page was last modified on Fri May 07 2010