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, S.I. 615 of 2014 and S.I. 309 of 2018) (hereafter referred to as the AIE Regulations), give 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.
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.
What public bodies are subject to AIE?
The AIE Regulations broadly define “public authorities” to encompass all bodies that have a role in public administration and that possess environmental information.
Under the European Communities (Access to Information on the Environment) Regulations 2011, the Minister is required to publish an indicative list of public authorities that are subject to the AIE Regulations. These are:
- Government Departments e.g. the Department of Environment, Community and Local Government,
- Local authorities e.g. Laois County Council,
- Non-commercial state agencies e.g. the Environmental Protection Agency,
- Commercial state agencies e.g. EirGrid,
- Regulatory bodies e.g. the Commission for Energy Regulation.
What Categories of Information does AIE cover
The definition of ‘environmental information’, as set out in Article 3(1) determines what information comes within the remit of the AIE Regulations. This definition includes information in written, visual, aural, electronic or any other material form on:
- the state of the elements of the environment e.g. air, water, soil, land, landscape and 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 and 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, including the contamination of the food chain, where relevant, conditions of human life, cultural sights and built structures in as much as they may be affected by the elements of the environment.
How to make an AIE request
When making a request for information under the AIE Regulations, you are required to:
- state that the application is being made under the AIE Regulations and submit it in writing or electronic form,
- state your name and address and any other contact details,
- state, in terms that are as specific as possible, the environmental information required, and if you require the information in a specific format or manner of access, you should specify this in your request.
It is not necessary to state your interest in the request.
Requests made to Laois County Council are required to be submitted in writing to the Access to Information on the Environment Officer, Laois County Council, Áras an Chontae, JFL Ave., Portlaoise, Co. Laois R32 EHP9 or electronically to aie@laoiscoco.ie
Fees
There is no initial fee for making an application under the AIE Regulations. However, a public authority may charge reasonable fees for supplying the information requested. These fees may include the cost of compiling, copying, printing or posting of information and also the costs attributable to the time spent by staff on answering an individual request for information, which includes the time spent on searching for the information and putting it in the form required. Public Authorities may not charge for access to registers or lists of environmental information or for the examination of such information in situ.
Laois County Councils fees include:
- A charge of €0.04 per sheet for photocopying records,
- A charge of €10.00 for the provision of information on CD-ROM,
- A charge of €20.00 per hour searching for and retrieving information,
- Additional charges may apply where the AIE request relates to records held by the Planning Section, details of these fees are available on page 44 of the planning pack and is available at the following link: https://laois.ie/sites/default/files/2024-10/APPLICATION%20PLANNING-PACK.pdf.
Details of charges, if any, will be advised once the request has been examined and considered.
It should be noted that fees in respect of supplying the information, may be waived where the cost is estimated at less than €10.00.
Where requesters are in a position to view the required documents on site at the offices of Laois County Council there will be no charge for accessing these records however this is separate to the charges noted above.
Applying for a Review
There is no charge for applying for an internal review.
It costs €50 to take an appeal to the Commissioner for Environmental Information, or €15 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, Laois County Council 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, Laois County Council 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 Laois County Council 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.
A written appeal should be submitted to the Appeals Officer at the following address:
Office of the Commissioner for Environmental Information,
6 Earlsfort Terrace, Dublin 2, D02 W773.
Telephone: +353 (0)1 639 5689
Further contact details and information on the Commissioner's Office are contained on the Office of the Commissioner for Environmental Information website: www.ocei.ie.
Assistance in Making AIE Requests
If you have any queries regarding the making of requests the AIE Officer, Corporate Services, can be contacted by telephone at 05786 - 64095 or email at aie@laoiscoco.ie.