Environmental Information
Environmental Information Regulations 2004
(EIR)
The Environmental Information Regulations 2004 (EIR) give you
the right to access environmental information from public
authorities.
Can I make a request for environmental
information?
Yes. The right is not restricted; any person in the world can
request environmental information (this includes organisations as
well as individuals).
Who can I request environmental information
from?
Requests can be made to public sector organisations and
non-public bodies carrying out a public function.
How can I make a request?
Requests for environmental information can be made verbally or
in writing (hard copy or electronic). A request can be made to any
employee of a public authority. If you are able to direct requests
to the appropriate person or section, it is likely that the request
will be dealt with more efficiently.
If a verbal request is made we recommend that you note who you
spoke to, the date, and what information you requested. You may
wish to follow up a verbal request with a letter or e-mail
confirming the terms of your request. A written record of your
verbal request would be beneficial should it result in a complaint
to the Information Commissioner. This will assist the Commissioner
in determining whether an authority has complied with the EIR.
What happens after I have made a request?
Regardless of whether the request itself was made verbally or in
writing, public authorities must respond in writing.
We have a responsibility to provide you with ‘advice and
assistance’. For example if a request is too general, the
Corporation may contact you to try to determine what information is
required.
Although authorities have a responsibility to assist you, they
have no right to ask why you want the information. However if you
volunteer that information, it may help the public authority
provide the most appropriate information. Even if the authority
does know the purpose of your request, they will not able to take
this into consideration when determining what information can be
disclosed.
How long do you have to respond to my
request?
We must respond as soon as possible and at the latest within 20
working days. Except in circumstances where the information
requested is particularly complex. In such cases the time limit can
be extended by a further 20 working days. If the time limit is
extended, the Corporation must notify you of this delay within 20
working days of your initial request, and state when we believe we
will be able to respond in full.
Do I have to pay for the information?
A public authority cannot make a charge for allowing you:
- access to any public registers or lists of environmental
information, or;
- to look at the information (at a place chosen by the public
authority).
For all other situations charging is at our discretion, but any
charge must be reasonable.
Do you only have a duty to disclose information which it
produced?
No. Under the EIR, any environmental information we hold can
potentially be disclosed if requested. It is not important whether
we produced the information, or whether we own it.
Is there any reason why I should not receive all the
information I requested?
You will not receive the information requested if the authority
you sent the request to does not hold it.
There are also certain restrictions on the right to access
environmental information. These restrictions apply to certain
categories of information (for example national security
information). However, even if the information falls within one of
the categories, if it is in the public interest for the information
to be disclosed, it will be.
If we determine that the information cannot be released because
it falls within one of these categories (and there is a stronger
public interest in withholding the information than releasing it),
we must inform you of this and explain our decision (including the
reasons why it is in the public interest to withhold the
information).
What happens if you do not hold part or all of the
information I requested?
When a request for information is received, the first task is to
determine whether we hold the information.
If the Corporation does not hold any of the information
requested, but believes that another public authority does hold it,
we must either:
- transfer the request to another authority which we are
confident holds the information (as a matter of good practice, an
authority should always ask for your consent prior to transferring
your request), and send you a refusal notice stating that we do not
hold the information, or;
- send you a refusal notice stating we do not hold the
information requested and details of the authority we believe hold
the information, or;
- if we do not know who may hold the information requested, we
will simply send you a refusal notice stating that we do not hold
the information.
If the Corporation only holds part of the information, we must
provide the information we do hold, and either:
- transfer the request to another authority which we are
confident holds the remainder of the information, and send you a
refusal notice stating which information we do not hold, or;
- send you a refusal notice stating which information we do not
hold, and if we know which authority holds the remainder of the
information, details of that authority, or;
- If the Corporation does not know who may hold the remainder
information, we will simply send you a refusal notice stating which
information we do not hold.
If you refuse my request or I am dissatisfied with the
way in which it has dealt with it, how should I
proceed?
If you are dissatisfied with our response, you may ask for your
request to be reviewed internally by Thurrock Thames Gateway
Development Corporation. A request for a review may be sent to the
Chief Information Officer at:
Thurrock Thames Gateway Development Corporation
Gateway House
Stonehouse Lane
Purfleet
Essex
RM19 1NX
If you remain dissatisfied, you may appeal to the Information
Commissioner for a decision on the handling of your request. The
Information Commissioner is an independent statutory body which
holds up the operation of the Act and can be contacted at the
following address:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
The information you should include when applying to the
Information Commissioner to review a public authority’s handling of
your request is:
- a covering letter explaining what you would like the
Commissioner to assess;
- a copy of the initial request, if a verbal request was made,
any details of the request which you recorded;
- a copy of the Corporation’s initial response;
- a copy of the complaint you made to the Corporation’s internal
review/complaints procedure and;
- your own contact details to ensure we can quickly obtain any
further information which is necessary.
Although you can apply to the Commissioner to review our
handling of your request without including the above information,
within your initial application the Commissioner will be able to
deal with your case more quickly and efficiently if you include it
from the start.