Home > yourrights > the right to know/freedom of information act and related legislation > freedom of information act and related legislation
> Accessing environmental information
Accessing environmental information
If the information you request is environmental information, the Freedom of Information Act 2000 (FOIA) will not apply, and the authority must apply instead the Environmental Information Regulations 2004 (EIR). Both regimes operate in a similar way, but there are some significant diferences, and generally EIR will provide for stronger rights of access.
What is ‘Environmental Information’?
The definition of environmental information is set out Regulation 2 of the EIR. This description includes:
Any information in written, visual, aural, electronic or any other material form on:
a) The state of the elements of the environment […], or
b) Factors, affecting or likely to affect the elements of the environment[…], or
c) Measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in (a) and (b), or
[...]
e) Cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in (c).
[...]
As you can see, this is a very broad description. All information on land use planning, transport planning, housing development, agricultural or industrial development is likely to fall within the definition. The EIR implements a European Directive, and the European Court of Justice has ruled that Directive required that the definition of environmental information be interpreted as widely as possible.
Differences between FOIA and EIR
No absolute exemptions
The EIR has a much smaller range of exemptions, and for all of them the authority must consider the public interest test. So if a public authority refuses your request relying on a FOIA exemption, and you consider that at least some of the information may be environmental information, you should point that out – it may be that the EIR will not allow that exemption to be applied.
Stronger public interest in disclosure
Due to the nature of environmental information, there is likely to be a strong public interest in providing access to this information. For more information on the application of the public interest test in the context of environmental information, see The Public Interest Test.
Different criteria for extensions of time
FOIA allows the authority to extend the 20 working day deadline for responding to a request where an exemption applies and the authority needs to consider the public interest test. There is no specific limit on how long they can extend it for. EIR only allows extensions where this is necessary due to the size and complexity of the request, and only for an extra 20 working days.
In addition, FOIA does not specify a deadline within which to respond to a request for internal review, but EIR stipulates that the review must be carried out within 40 working days.
Different charging regimes
Under EIR, authorities can only charge a fee for providing copies of the information if they provide a schedule of charges setting out their fees. They must only impose charges that they consider reasonable. In an important recent case (Markinson v ICO), the Information Tribunal ruled that, where the information was held in a register (such as a planning register), a reasonable charge for copies of documents was 10 pence per A4-size copy, and they would need significant justification to depart from that. This means that the very high copy charges imposed by most planning authorities (£16 for an A4-size Decision Notice is typical) are probably unlawful, and can be challenged using the EIR.
More ‘public’ bodies covered
All public bodies subject to FOIA are covered by the EIR. In addition, some private bodies which exercise public function s in relation the environment may be covered by the EIR regarding information they hold in relation to those function. Types of companies that may be covered include water companies, municipal waste contractors, power distributing companies, airports and rail companies.
What is ‘Environmental Information’?
The definition of environmental information is set out Regulation 2 of the EIR. This description includes:
Any information in written, visual, aural, electronic or any other material form on:
a) The state of the elements of the environment […], or
b) Factors, affecting or likely to affect the elements of the environment[…], or
c) Measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in (a) and (b), or
[...]
e) Cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in (c).
[...]
As you can see, this is a very broad description. All information on land use planning, transport planning, housing development, agricultural or industrial development is likely to fall within the definition. The EIR implements a European Directive, and the European Court of Justice has ruled that Directive required that the definition of environmental information be interpreted as widely as possible.
Differences between FOIA and EIR
No absolute exemptions
The EIR has a much smaller range of exemptions, and for all of them the authority must consider the public interest test. So if a public authority refuses your request relying on a FOIA exemption, and you consider that at least some of the information may be environmental information, you should point that out – it may be that the EIR will not allow that exemption to be applied.
Stronger public interest in disclosure
Due to the nature of environmental information, there is likely to be a strong public interest in providing access to this information. For more information on the application of the public interest test in the context of environmental information, see The Public Interest Test.
Different criteria for extensions of time
FOIA allows the authority to extend the 20 working day deadline for responding to a request where an exemption applies and the authority needs to consider the public interest test. There is no specific limit on how long they can extend it for. EIR only allows extensions where this is necessary due to the size and complexity of the request, and only for an extra 20 working days.
In addition, FOIA does not specify a deadline within which to respond to a request for internal review, but EIR stipulates that the review must be carried out within 40 working days.
Different charging regimes
Under EIR, authorities can only charge a fee for providing copies of the information if they provide a schedule of charges setting out their fees. They must only impose charges that they consider reasonable. In an important recent case (Markinson v ICO), the Information Tribunal ruled that, where the information was held in a register (such as a planning register), a reasonable charge for copies of documents was 10 pence per A4-size copy, and they would need significant justification to depart from that. This means that the very high copy charges imposed by most planning authorities (£16 for an A4-size Decision Notice is typical) are probably unlawful, and can be challenged using the EIR.
More ‘public’ bodies covered
All public bodies subject to FOIA are covered by the EIR. In addition, some private bodies which exercise public function s in relation the environment may be covered by the EIR regarding information they hold in relation to those function. Types of companies that may be covered include water companies, municipal waste contractors, power distributing companies, airports and rail companies.
