Access to Information on the Environment

The AIE Regulations 2007 to 2014 gives citizens the right to access 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 provided on request to any person.

The Regulations provide a definition of environmental information and outline the manner in which requests for information should  be provided 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.

Requests under the AIE Regulations should be provided to the public authority concerned.

The AIE Regulations provide a definition of environmental information; outline the manner in which requests for information may be submitted to public authorities and the manner in which public authorities are required to deal with requests e.g. timeframes for response.  The regulations also provide for a formal appeals procedure in the event that a person is unhappy with a decision on their request.

How to make an AIE application

Applications for Access to Information on the Environment should be made to:

AIE Officer
National Economic and Social Development Office
16 Parnell Square East
Dublin 1

When making a request for information under the Access to Information on the Environment Regulations you are required to:

• state that the application is being made under the AIE Regulations and submit it in writing or electronic form (info@nesc.ie);
• provide your contact details; and
• state, in terms that are as specific as possible, the environmental information required, and specify the form and manner of access desired.

Normally you will be notified of the decision on your request within 1 month of its receipt.

Fees

There is no initial fee for making an application under the AIE Regulations.  However, a public authority may charge a reasonable fee for supplying the information requested.   This may include the costs of compiling, copying, printing or posting of information.

• Search, retrieval and copying of records: €20.00 per hour;
• Photocopying: €0.04 per sheet depending on the volume of information contained in the request.
• A CD-ROM: €10.00

There is no charge for applying for an internal review.

It costs €150 to take an appeal to the Commissioner for Environmental Information, or €50 if you are the holder, or dependent of a holder of a medical card, or a third party appealing the decision to release certain information.

Requirements for dealing with requests

In general, a public authority is required to respond to an AIE request within one month of receipt of the request. Where, due to the complexity or volume of information required, a public authority is unable to respond within the one month timeframe, they are required to write to the applicant within the month, indicating when a response will issue. This date should not be more than two months from the receipt of the original request.

If the public authority does not have the information requested; it can either transfer the request to another public authority or advise the applicant of where it believes the request should be directed.  In either case, it is required to notify the applicant.

Grounds for refusing information

There are a number of grounds on which a public authority can refuse information; these include when a body is acting in a legislative or judicial capacity (Article 3(2)) and both mandatory (Article 8) and discretionary (Article 9) grounds for refusing information.   When making a decision on whether to release information, a public body is required to consider the provisions in Article 10.

Appealing a decision

Under Article 11 of the AIE Regulations you have a right to seek an internal review of the initial decision.  You may also request an internal review if you have not received a response within the appropriate timeframe.  An internal review must be requested within one month of receipt of the original decision (the public authority may extend this timeframe but is not required to do so).  There is no charge for requesting an internal review.

An internal review involves a complete reconsideration of the matter by a member of the staff of the public authority, who may affirm, vary or annul the original decision made.

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 for the review.

If you are not satisfied with the outcome of the internal review, you can appeal to the Commissioner for Environmental Information (CEI).  You must appeal within one month of receiving the decision on the internal review from the public authority.  However, the Commissioner may extend this time limit in individual cases.

Further Information

Further general information on the European Communities (Access to Information on the Environment) Regulations  including background information on the legislation, useful publications and links to other relevant bodies is available at www.dccae.gov.ie.