Access to environmental information

Rules

What is a public authority?

A public authority is any body or organisation that has a role in public administration and that possesses environmental information. The definition of public authorities under the AIE Regulations is broader than under FOI legislation. This means if an authority is not covered by FOI, you may still get access to environmental information using the AIE Regulations.

If your request for environmental information is denied because the body or organisation contends that it is not a public authority you can make an appeal to the Commissioner for Environmental Information (CEI). The current Ombudsman/Information Commissioner also has the role of CEI under the Access to Information on the Environment Regulations 2007 (S.I. No. 133 of 2007) (pdf).

What information can you access?

The AIE Regulations allow you to access a wide range of information. It allows you to access environmental information produced by a public authority, received by a public authority and held elsewhere on behalf of the authority.

Environmental information includes information on:

• 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
• 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
• 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 above as well as measures or activities designed to protect those elements
• Cost-benefit and other economic analyses and assumptions used for the above measures and activities
• 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 that may be affected by the elements of the environment
• Reports on the implementation of environmental legislation

Can you be refused access to environmental information?

You cannot be refused information about emissions into the environment. However, you may be refused access to some types of information. For example, you may be refused information about the location of an endangered species if disclosure of this information meant an increase in risk.

A request for information using AIE Regulations will be refused if the information is required to be made available under any other statutory provision (except FOI).

What can you do if you are refused access to information?

You must be notified of the outcome of your request within one month by the public authority. If you do not get a response within this time you can assume that your request has been refused.

There are reasons when you can be legally refused access to environmental information. However, if a public authority refuses your request for information or has not dealt with your request appropriately you can seek an internal review by the public authority.

You must request an internal review within one month of getting the decision.

If you are not satisfied with the outcome of the internal review you can make a complaint or appeal a decision to the Commissioner for Environmental Information (CEI). You must make a complaint or appeal within one month of getting the reviewed decision from the public authority. The CEI may extend the time limit if she believes it is reasonable to do so.

The Commissioner has the power to make its decisions binding and if necessary can apply to the High Court to have a decision upheld.