Environmental Information Regulations 2004
Introduction
The Environmental Information Regulations 2004 came into force
on the 1st January 2005. the regulations give members of
the public the right to access environmental information held
by public authorities, subject to certain conditions and
exceptions. These regulations implement EU Directive
2003/4/EC on public access to environmental information.
What is environmental information?
Environmental Information is defined as
information that relates to:
(a)
the state of the elements of the environment such as, air and
atmosphere, water, soil, land, landscape and natural sites
including wetlands, coastal and marine areas, biological diversity
and its components including genetically modified organisms,
and the interaction among these elements;
(b)
factors, such as substances, energy, noise, radiation or waste,
including radioactive waste, emissions, discharges and other
releases into the environment, affecting or likely to affect the
elements of the environment referred to in (a);
(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) as well as measures or activities
designed to protect those elements;
(d)
reports on the implementation of environmental legislation;
(e)
cost benefit and other economic analyses and assumptions used
within the framework of the measures and activities referred to in
(c); and
(f) the state of
human health and safety, including the contamination of the food
chain, where relevant, conditions of human life, cultural sites and
built structures in as much as they are affected by the state of
the elements of the environment referred to in (a) or, through
those elements, by any of the matters referred to in (b) and
(c).
How do I make a request for environmental information?
Under this legislation, a request can be made verbally, however
to help prevent mis-communication we always recommend that you put
your request in writing. To assist you, we have an
Environmental Information On-line Request Form which is also
available in
MS Word for you to complete.
You should send the form or any other correspondence to:
Contact Harlow
Harlow Council
Civic Centre
The Water Gardens
Harlow
Essex
CM20 1WG
Should we be unable to ascertain what information you require,
we will contact you to request further information. This will
delay the time it will take to respond to your request.
Are there any charges?
Possibly. Under the Environmental Information Regulations
2004, we can charge for providing the information.
Where these are negligible they would normally be waived.
Where they are not, we will write to you to advise of the amount
required and only process your request upon receipt of your
payment.
Click here to see the Council's
Access to Information Fees and Charges Policy.
How long will it take to provide the requested
information?
We will endeavour ro respond as soon as possible and within 20
working days from receipt of your request.
Where the request is considered complex and / or voluminous, the
legislation allows us to extend this deadline to 40 working
days. Should this occur, we will write to advise you of the
extension.
If we need to obtain further information or there is a fee
payable, the 'clock' will be stopped until the fee has been
received.
Are there situations where information will not be
released?
Yes. The regulations contain exceptions to protect the
interests of the state and third parties. In applying
exceptions, the Council will always consider the public interest
and we will write to you to advise of the exception used.
If you are not happy with our decision, you can, in the first
instance, appeal to ourselves and officers not involved in the
original decision, will review your case.
Follow this link for more details about the Council's Complaints procedure.
If you are still not satisfied, you can appeal to the
Information Commissioner at the address below:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone number: 01625 545745
Where can I get further information on the Environmental
Information Regulations 2004?
Further information can be obtained from the Information
Commissioner's website:
http://www.ico.gov.uk/
To contact somebody about this page please use the following
contact
details:
Marie Bentley
Corporate Information Manager
Harlow Council
Civic Centre
The Water Gardens
Harlow
Essex CM20 1WG
Tel: 01279 446736