Access to Information on the Environment
Introduction
The European Communities (Access to Information on the Environment) Regulations 2007 to 2014 (S.I. No. 133 of 2007, S.I. No. 662 of 2011 and S.I. No. 615 of 2014) (AIE Regulations) gives legal rights to those seeking to access information on the environment from public authorities.
Under these Regulations, information relating to the environment held by, or for, a public authority must be made available on request, subject to certain exceptions. The AIE Regulations also oblige public authorities to be proactive in disseminating environmental information to the public.
Fees
As provided for in the AIE Regulations, there is no initial fee when lodging a request for information under AIE. A public authority may however, charge a reasonable fee for supplying Environmental Information in accordance with the Regulations.
Dún Laoghaire-Rathdown County Council has set these fees as follows:
- If an applicant requires hard copies there will be a fee of €0.04 per sheet depending on the volume of information contained in the request.
- €20.00 per hour for time spent by staff on answering individual requests for information. We will ensure that the total amount of the charges does not exceed a reasonable amount.
- There is no charge for applying for an internal review.
- The Commissioner for Environmental Information charges €50 for an appeal
- A reduced fee of €15 is charged by the Commissioner for Environmental Information to medical card holders and their dependents and to third parties who did not make the original request but who are appealing the decision to release information as they believe it affects them.
Further Information
Further contact details and information on the Commissioner's Office can be found on www.ocei.ie.
Further information on Access to Information on the Environment, please see 'Access to Information on the Environment
Routinely Available Information
Dún Laoghaire-Rathdown County Council makes a wide range of information about its activities and services available to the public. Any member of the public can obtain such information without having to make a formal request using the AIE Regulations or any other piece of legislation.
FAQ
There are six categories of information available as follows:
- 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 and other releases into the environment
- measures designed to protect the elements of the environment e.g. policies, legislation, plans, programs, 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 sights and built structures in as much as they may be affected by the elements of the environment.
Under the mandate of legislation, we must refuse to give you access to environmental information on the following grounds:
- personal information
- information supplied by a third party voluntarily
- material the disclosure of which would make it more likely that the environment to which such material related would be damaged
- confidentiality of the proceedings of public authorities.
Under the AIE Regulations we may refuse to give you access to information on certain grounds:
- international relations, national defence or public security
- the course of justice
- commercial or industrial confidentiality
- intellectual property rights
- material in the course of completion
- internal communications with public authorities
- the request is considered to be unreasonable due to the volume or range of information sought or the request is too general.
How do I request information under the AIE Regulations?
When making a request for information under the AIE Regulations, you must:
- submit your request in writing or electronic form and state that it is being made under the AIE Regulations
- provide your contact details
- state as clearly as possible the environmental information required
- if you require the information in a specific format or manner of access, you should specify this in your request.
We are obliged to reply within one month of receipt of your application.
Please submit your application to:
Freedom of Information Officer
Corporate Affairs Department
Dún Laoghaire-Rathdown County Council
Marine Road
Dún Laoghaire
Co. Dublin
Tel: 01 2054700
Email: foi@dlrcoco.ie
The AIE Regulations allow people access to environmental information held by or for public authorities which is not routinely available through other means.
The Freedom of Information Acts 1997 and 2003 operate in parallel with the AIE Regulations. This means that people can gain access to environmental information under the FOI Acts and the AIE Regulations.
If you wish to access personal information held by the Council under the Data Protection legislation, please see the Data Protection Section
If you are not satisfied with the response to your request or if the Council fail to respond within the assigned timeframe, you can request an internal review of the matter. That review will be undertaken by an officer of the Council who was unconnected to the original decision. You must make your appeal within one month of receiving the original decision letter and the Council must respond to your appeal within one month of receipt of same.
Please submit your appeal to:
Freedom of Information Officer
Corporate Affairs Department
Dún Laoghaire-Rathdown County Council
Marine Road
Dún Laoghaire
Co. Dublin
Tel: 01 2054700
Email: foi@dlrcoco.ie
Following the completion of the internal review, you may seek an independent review of the decision from the Commissioner for Environmental Information. Appeals to the Commissioner must be made within one month of the internal review decision. You may also appeal to the Commissioner if the Council does not reply to your request for an internal review of the original decision within one month.
Appeals must be made in writing to the Commissioner for Environmental Information at the following address:
Office of the Commissioner for Environmental Information
6 Earlsfort Terrace
Dublin 2, D02 W773
Tel: 01 6395689
Email: info@ocei.ie
Further contact details and information on the Commissioner's Office can be found on www.ocei.ie.
Third parties affected by the decision of the Council may also appeal to the Commissioner against the Council’s decision.
You must include the appropriate fee for your appeal (see Fees Section for more information).
The Legislation: The European Communities (Access to Information on the Environment) Regulations 2007 to 2014 (S.I. No. 133 of 2007, S.I. No. 662 of 2011 and S.I. No. 615 of 2014) (AIE Regulations) gives legal rights to those seeking to access information on the environment from public authorities.