United utilities environmental information regulations 2004. The definition of environmental information is very wide and can cover information which may not at first appear to be environmental but relates to the environment. The environmental information regulations 2004 eir came into force on 1 january 2005, to fulfil the uks legal obligations under european environmental directive 20034ec. Exceptions to the duty to disclose environmental information. Environmental information regulations 2004 page 3 key information this policy aims to provide guidance and information on all aspects of the regulations and how the service and its employees should aid compliance by encouraging open and transparent working practices with regards to environmental information. The eir give rights of public access to recorded environmental information held by public authorities. About the guide to the environmental information regulations.
They provide the public with the right of access to a wide range of environmental information held by the council. This is a precedent provision for disclosure by a local authority for requests for information under the data protection act 1998 dpa 1998, freedom of information act 2000 fia 2000 and environmental information regulations 2004 eir 2004. Response to foi request for information about eirs 2004, regulation 5. The environmental information regulations 2004 eir came into force on 1st of january 2005. This briefing describes the legislation governing access to environmental information held by. The guide to the environmental information regulations. Environmental information regulations 2004 university of exeter. There are some exceptions allowed, which means under certain limited circumstances the university can refuse to release information it is asked for. Environmental information regulations 2004 timerity. The environmental information regulations 2004 eir came into effect on 1 january 2005. On 5 december 2011, the complainant wrote to the council and.
They apply to public authorities, which for the purposes of the eir includes, bristol water plc. The council is committed to complying with the provisions of the environmental information regulations 2004 eir, which have been in force since1st january 2005. Environmental information regulations 2004, data protection act 1998, freedom of information act 2000provision for disclosure by a local authority and requests for information send to email address open help options for email address. The environmental information regulations 2004 came into force on 1 january 2005.
Management of cape canyon marine protected area 42479 gn 784 nema, 1998 act no. Environmental information regulations 2004 wikipedia. Any request for information held byon behalf of a public authority is initially treated as a freedom of information request. Information commissioners office wycliffe house water lane wilmslow cheshire sk9 5af tel. The regulations apply only to the environmental information held by public authorities. Within this context, the requester asked the council to provide a copy of the viability assessment and associated information. The environmental management act, 2004 arrangement of sections part i preliminary provisions section title 1. Dpa means the data protection act 1998, relating to the processing of personal data, and applying in. The 2004 regulations detail rights of public access to environmental information held by public authorities including lfb, set out exceptions. The environmental information regulations 2004 cover a wide range of information which has often been assumed to fall under the freedom of information act. The future of the environmental information regulations. They clarify and extend previous rights to environmental information.
Cpg25 freedom of information policy page 1 of 2 appendix 1 summary of the environmental information regulations 2004 an eir request may be made verbally as well as in writing and will be a request for environmental information if it is information in written, visual, aural, electronic or any other material form on. So great repeal bill will maintain the eir for now these regulations implement council directive 20034ec on public access to environmental information and repealing council directive 903eec. The environmental information regulations eir 2004. Environmental information regulations 2004, regulation 5 gov. Exceptions under the environmental information regulations eirs 2004 regulation no. These regulations may be cited as the environmental impact assessment and audit regulations, 2005.
This briefing is intended for senior managers and all other staff of the university. The environmental information regulations 2004 public authorities jacqueline lean. Under regulation 21c, any measures that will affect, or be likely to affect, the elements referred to in 21a, will be environmental information. The environmental information regulations 2004 are based on directive 29934eec and came into force on the 1st january 2005 to coincide with the freedom of information act 2000. Part 3 exceptions to the duty to disclose environmental information. Duty to make available environmental information on request.
Citation these regulations may be cited as the environmental protection controlled waste regulations 2004. The guide to the environmental information regulations ico. This document is also available in pdf format 472k. The new environmental information scotland regulations 2004 will give an opportunity. The environmental information regulations 2004 public. We may refuse to disclose information if we do not hold that information when requested, or it involves the disclosure of internal communications, or adversely affects international relations, national security or public safety or is manifestly unreasonable. However, section 39 of the freedom of information act exempts environmental information from being dealt with under freedom of information and provides for it to be dealt with under the environment information regulations eir 2004.
The freedom of information act foia and the environmental information regulations 2004 eir give rights of public access to information held by public authorities. Environmental information regulations 2004, regulation 5. Freedom of information act 2000 environmental information regulations 2004 eir decision notice date. Appendix 1 summary of the environmental information. The environmental information regulations 2004 eir came into force on 1 january 2005, to coincide with the freedom of information act 2000. These regulations may be cited as the environmental information regulations 2004 and shall come into force on 1st january. Environmental information must be considered for disclosure under the terms of the eir.
This environmental information regulations policy should be read in conjunction with the councils freedom of information policy and data protectionpolicy. Information commissioners office ico refers to the regulatory body for the eir. The information commissioners office regulates the eir in the uk. These regulations implement council directive 20034ec on public access to environmental information and repealing council directive 903eec oj no. The public has a right of access to environmental information held by public authorities. Freedom of information act 2000 and or environmental information regulations 2004 request for information you can use this form to make a request for information held by durham county council under the freedom of information act 2000 and or the environmental information regulations act 2004. Requests for information under the environmental information scotland regulations eisr anyone or any organisation worldwide can ask for environmental information, without having to prove or give a reason for their interest in the information requested. Information is environmental if it meets the definition set out in regulation 2 of the eir. When you can use an exemption to neither confirm or deny you hold information, if to do so would disclose personal data. You may need a pdf reader to view some of the files on this page. These regulations give a general right of access to the environmental information held by the council.
National recommended water quality criteria from 2004. Code of practice environmental information regulations. What are the environmental information regulations. The scottish government have issued a code of practice to cover these regulations the regulations established arrangements to allow people to request environmental information from public. Guide to the environmental information regulations ico. Regulations 2004 made by the governor in executive council. Environmental information regulations 2004 eir the environmental information regulations 2004 eir gives everyone the right to ask for environmental information held by public authorities, which includes universities. They should also refer to the governments guidance on the eir and to any guidance issued by the information commissioner. The ec is a party to the convention since may 2005. The scope of eir is not restricted just to green subjects or information, but extends to land use, planning, transport, waste, energy, agriculture, housing development, public nuisance, and aspects of public health.
Application part 2 access to environmental information held by public authorities 4. Exception r61b the information is already publicly available and easily accessible to the applicant in another form or format. The environmental information regulations 2004 legislation. The decision on conclusion of the aarhus convention by the ec was adopted on 17 february 2005 decision 2005370ec. Environmental information is defined at regulation 21 of the eir. When you can refuse a request because it contains personal data. The environmental information scotland regulations 2004 came into effect on 1st january 2005 at the same time as the freedom of information scotland act 2002. We have updated our guidance about refusing a request, and have changed the following sections. Environmental information regulations 2004 eir decision. Acts and regulations department of environmental affairs.
Environmental information scotland regulations guidance page 3 of 1. Understanding the environmental information regulations. They also impose an obligation on us to proactively publish environmental information we hold. The environmental information regulations 2004 came into force on the 1st january 2005. Freedom of informationeir provide the information centre city tower, 7 hill street, birmingham b5 4ua 21 bloomsbury street, london wc1b 3hf foi provide the information by email. The environmental information regulations 2004 provide public access to environmental information held by public authorities. The eir means the environmental information regulations 2004.
The environmental information regulations 2004 provide public access to environmental information held by public. Environmental protection controlled waste regulations 2004. Code of practice environmental information regulations 2004 february 2005 code under regulation 16 with foreword 3 of the eir or its application to individual cases. Environmental information regulations 2004 and is committed to implementing the provisions of these and related legislation.
The environmental information regulations eir set out the definition of environmental information. Access to environmental information guidance for scottish public authorities and interested parties guidance on the implementation of the environmental information scotland regulations 2004. Environmental information regulations eir 2004 request for information. Freedom of information act 2000 environmental information. Presents national recommended water quality criteria for 120 priority and 45 nonpriority toxic pollutants. In general terms, environmental information is information about land. Terms used in these regulations in these regulations, unless the contrary intention appears apparatus for the treatment of sewage means. On a day today basis, the knowledge management team have responsibility for environmental information matters. Environmental information scotland regulations 2004. An overview of the main provisions of foia can be found in the. Environmental protection controlled waste regulations 2004 contents page ii version 01a002 as at 03 oct 2014 extract from. The environmental information regulations 2004 made 21st december 2004 coming into force 1st january 2005 arrangement of regulations part 1 introductory regulation 1.
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