Environmental Information Regulations (EIR)
Revised EIR came into effect on 1st January
2005. The new regulations take account of FOI and share many common
elements. However a few notable differences exist:
- requests can be verbal or in writing;
- there is no delay to the 20 day response time whilst charges
are made;
- there is no upper limit for charges above which a request can
be refused;
- there is no fee structure but charges must not exceed the costs
reasonably incurred
- the response time can be extended in the case of complex or
voluminous requests;
all exceptions (exemptions) are subject to the public interest
test
Any request received via Freedom of Information that is in
fact an EIR request will automatically be treated as such.
Environmental Information
- the state of the elements of the environment such as:
- Air and atmosphere
- Water
- Soil
- Land
- Landscape and natural sites, wetlands and coastal and marine
areas
- Biological diversity and its components including genetically
modified organisms.
- the interaction between the elements in (a) above;
- factors such as substances, energy, noise, radiation or
waste;
- emissions, discharges and other releases into the
environment;
- measures such as policies, legislation, plans, programmes and
environmental agreements;
- cost benefit and other economic analyses and assumptions used
in environmental decision making; and
- the state of human health and safety, conditions of human life,
cultural sites and built structures in as much as they are affected
by anything above.
Refusing a Request
All exceptions (equivalent to FOI exemptions) under EIR are
subject to a Public Interest Test and so there are no absolute
guarantees of non-disclosure.
Refusals can be made under EIR if:
- Information is not held (refer request on)
- Request is manifestly unreasonable
- Request is too general (after requesting more details)
- Request is for unfinished documents or data (in which case you
should provide an estimated time for completion)
- Request involves disclosure of internal communication
Refusal can also be made if disclosure would adversely
effect,
- Confidentiality of proceedings.*
- International relations/public security/defence.
- The course of justice and right to a fair trial.
- Commercial confidentiality.*
- Intellectual property rights.
- Personal/voluntary data.*
- Environmental protection.*
*Information relating to emissions cannot be
refused.
Environmental Information Requests - Making a Request
A request under EIR can be in
writing or verbal. To allow us to respond promptly it would help us
if you could use one of the following methods of contact:
Telephone:
Customer Services on 023 9247 4174 (stating EIR request)
Write to:
Customer Services (FoI & EIR)
Havant Borough Council,
Civic Centre Road,
Havant,
Hampshire
PO9 2AX
or email Customer
Services (email address shown below)