Access to Information on the Environment Regulations, 2007

The European Communities (Access to Information on the Environment) Regulations, 2007 (S.I. 133 of 2007) gives legal rights to those seeking access to information on the environment from public authorities.  Under the Regulations, information relating to the environment held by, or for, a public authority must, subject to certain exceptions, be made available on request to any person.

Charges/Fees for Information provided under the AIE Regulations

There is no official fee required when lodging a request for environmental information under the AIE Regulations.  The Regulations do, however, provide that a public body may charge a reasonable fee for search and retrieval and the copying of records when it makes available environmental information in accordance with the Regulations.

For requests received under the Regulations, this Authority applies the same fee structure as that which is provided for under the Freedom of Information Acts.  Details of the fees concerned are as follows:

• €20.95 Per hour for the efficient search and retrieval of records
• 4c Per Sheet in relation to a photocopy
• 51c 3 ½” computer diskette
• €10.16 CD ROM

No fee may be charged for the internal review process.

How to Make an AIE Request

Applications for information on the environment under the AIE Regulations should be made in writing to Kevin Colreavy, Communications Officer, Sligo County Council, County Hall, Riverside, Sligo, or by e-mail to kcolreav@sligococo.ie

The request should:

• State that the application is being made under the AIE Regulations and submit it in writing or electronic form,
• Provide their contact details,
• State, in terms that are as specific as possible, the environmental information required, and specify the form and manner of access desired.

Normally, decisions on requests made under the Regulations are notified within one month of their receipt by this Authority.

Categories of Information that may be Accessed

• The state of the elements of the environment, e.g. air, water, soil, land, landscape, biological diversity.
• Factors affecting, or likely to affect, the elements of the environment, e.g. energy, noise, radiation, waste, other releases into the environment.
• Measures designed to protect the elements of the environment, e.g. policies, legislation, plans, programmes, environmental agreements.
• Reports on the implementation of environmental legislation.
• Analyses and assumptions used within the framework of measures designed to protect the environment.
• The state of human health and safety, the food chain, cultural sites and built structures inasmuch as they may be affected by the elements of the environment.

Right of Appeal

If your request for environmental information is refused wholly or partially, or you consider that your request was not properly dealt with in accordance with the provisions of the AIE Regulations, you may, not later than one month following receipt of the decision, request the Council to carry out an internal review of the decision.  No fee will be charged for the internal review process.

A written outcome of the review, informing you of the decision, the reason for the decision and advising you of your right of appeal to the Commissioner for Environmental Information, including the time limits and fees associated with such an appeal, will normally be issued to you within one month of the date of receipt of the review request.

If you are not satisfied with the decision following the internal review process, you are entitled to appeal the matter by writing, within one month of receipt of the decision, to the Commissioner for Environmental Information at the following address: Office of the Commissioner for Environmental Information, 18 Lower Leeson Street, Dublin 2, Tel: 01 6785222, website: www.oic.ie.  The AIE Regulations provide that a fee of €150 must be charged for an appeal to the Commissioner.  However, provision is also made for a reduced appeal fee of €50 for medical card holders and their dependents.