Access to Environmental Information

Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC

The European Communities (Access to Information on the Environment) Regulations 2007 to 2011 give legal rights to those seeking access to environmental information from public authorities.

The Minister for the Environment, Heritage and Local Government has prepared guidance for public authorities and others in relation to the implementation of the Regulations.

General Information

Subject to certain exceptions, information relating to the environment held by, or for, a public authority must be made available on request to any person.

The Regulations provide a definition of environmental information and outline the manner in which requests for information may be submitted to public authorities. The Regulations also provide for a formal appeals procedure in the event that a person is unhappy with a decision on their request.

Frequently Asked Questions

What is the difference between AIE and Freedom to Information (FOI)?

The Access to Information on the Environment Regulations operates in parallel
with the Freedom of Information Act 1997 and 2003. While the two legislative
codes are broadly similar (with respect to environmental information), the AIE
Regulations and the FOI Acts differ in that a wider range of public authorities
are covered by the AIE Regulations than by the FOI legislation. There are also
material differences in the grounds under which access to information can be
refused under the two legislative codes.

 

What is the difference between AIE and Freedom to Information (FOI)?

The Access to Information on the Environment Regulations operates in parallel
with the Freedom of Information Act 1997 and 2003. While the two legislative
codes are broadly similar (with respect to environmental information), the AIE
Regulations and the FOI Acts differ in that a wider range of public authorities
are covered by the AIE Regulations than by the FOI legislation. There are also
material differences in the grounds under which access to information can be
refused under the two legislative codes.

 

What public authorities are subject to AIE?
Under the 2011 Regulations, the Minister is required to publish an indicative list of public authorities that are subject to the AIE Regulations. These are:

  1. Government Departments e.g. the Department of Environment, Community, and Local Government,
  2. Local authorities e.g. Cork County Council
  3. Non-commercial state agencies e.g. the Environmental Protection Agency
  4. Commercial state agencies e.g. EirGrid
  5. Regulatory bodies e.g. the Commission for Energy Regulation

Is there a charge for submitting a request for information under the AIE Regulations?

There is no initial fee required when lodging a request for information under AIE.

 

Is there a charge for the supply of information under the AIE regulations?

  • In line with the regulations, a public authority may however, charge a reasonable fee for supplying environmental information in accordance with the Regulations.
  • If requesters require hard copies there may be a fee of 4c per sheet depending on the volume of information contained in the request and this will be advised in the final decision letter. A charge of 10.16 euro applies to the provision of information on CD-ROM.

 

How will the National Transport Authority supply information free of charge?

  • It should be noted that fees in respect of supplying information, may be waived where the cost is estimated at less than 10.00 euro.
  • Where requesters are in a position to view the required documents on site at the National Transport Authority offices there will be no charge for accessing these records however this is separate to the charge noted above.
  • Electronic access can be provided to requesters free of charge via email; however, this is separate to the charges noted above.

 

How do I make an AIE request?
Applications under the Regulations for environmental information should be made in writing to:

Information Officer,
Dún Scéine,
Harcourt Lane,
Dublin 2

or by email to info@nationaltransport.ie

The request should:

  • State that the application is being made under the Access to Information on the Environment Regulations 2007,
  • Provide daytime contact details, and
  • Clearly indicate the specific environmental information required, and the preferred form and manner of access desired.

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

 

What can I do if I am unhappy with a decision on my request?

If you consider that your original request for environmental information was
refused wholly or partially, or was otherwise not properly dealt with in
accordance with the provisions of the AIE Regulations, you may, not later than
one month following the receipt of the decision, request the National Transport
Authority to carry out an internal review of the decision in part or in whole.

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 be issued to you within one month of the date of receipt of the request.

 

How do I make an appeal to the Commissioner for Environmental Information?

A written appeal should be submitted to the Commissioner for Environmental Information at:

Office of the Commissioner for Environmental Information,
18 Lower Leeson Street,
Dublin 2.

Telephone: +353 (0)1 639 5689

Further contact details and information on the Commissioner’s Office are contained on the Office of the Information Commissioner (OIC) website.

The AIE Regulations provide that a fee of 150 euro must be charged for an appeal to the Commissioner for Environmental Information. However, provision is also made for a reduced appeal fee of 50 euro for medical card holders and their dependents and also for people, not party to the original request for access to information, who are appealing a decision to release information which they believe will affect them.

 

AIE Regulations 2007 to 2011 Guidance Notes
Further information on the AIE Regulations, including more detailed information on the above Frequently Asked Questions is set out in the Official Guidelines which accompany the AIE Regulations. These Guidelines are intended to assist and offer guidance to public authorities on the implementation of the AIE Regulations and to applicants who wish to access environmental information.

 

Assistance in Making Requests
The National Transport Authority’s guide to its functions, records, rules and practices will assist in the preparation of requests for environmental information.

If you have any queries AIE Unit can be contacted at info@nationaltransport.ie