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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