Environmental Information Regulations 2004

The Environmental Information Regulations (EIR) is a UK Statutory Instrument (SI 2004 No. 3391) that provides a right of access to environmental information held by public authorities in England and Wales. The Environmental Information (Scotland) Regulations 2004 apply in Scotland. The regulations came into force on 1st January 2005 [1].

The regulations extend to non-governmental bodies such as water companies[2].

Definition of 'Environmental Information'

Environmental information includes information about air, water, soil, land, flora and fauna, energy, noise, waste and emissions. Environmental Information also includes information about decisions, policies and activities that affect the environment[3].

It is accepted by the UK Government that most maps will contain environmental information.

Public authorities

The coverage of the Environmental Information Regulations is greater than that of the Freedom of Information Act 2000[4], although there are bodies such as the BBC which are covered by the Freedom of Information Act but not by the EIR. The Freedom of Information Act sets out a list of the bodies and classes of bodies that are public authorities, the EIR is less prescriptive.

MI5 acknowledge that they are covered by the EIR and have published Environmental Information on their website[5].

• Which bodies are subject to the Environmental Information Regulations?

Exemptions

• EIR 12(3) - personal data
• EIR 12(4)(a) - not held
• EIR 12(4)(b) - manifestly unreasonable
• EIR 12(4)(c) - request formulated in too general a manner
• EIR 12(4)(d) - unfinished/incomplete data
• EIR 12(4)(e) - internal communications
• EIR 12(5)(a) - international relations, defence, national security or public safety
• EIR 12(5)(c) - intellectual property rights
• EIR 12(5)(d) - the confidentiality of the proceedings of that or any other public authority
• EIR 12(5)(e)- the confidentiality of commercial or industrial information

(list unfinished)

References

1. text of regulations from Statutelaw database
2. Access to information, from the Ofwat website
3. Guide to the Environmental Information Regulations from Direct.gov
4. Guidance on the EIR from Defra
5. http://www.mi5.gov.uk/output/Page227.html

External links

• Text of Environmental Information Regulations
• Guidance on EIR from the Information Commissioner's Office
• Guidance on the EIR from Defra
• Aarhus Convention text
• Aarhus Convention implementation guide