Environmental regulations

You have rights to ask for information that relates to the environment under the Environmental Information (Scotland) Regulations 2004 (EI(S)R). Regulations were introduced to coincide with the Freedom of Information (Scotland) Act 2002. They incorporate the definition of environmental information from the European Directive 2003/4/EC. Regulations provide access to environmental information in a similar way to Freedom of Information. Requests dealt with under Environmental Information (Scotland) Regulations:

• can be in written or verbal form
• should be answered within 20 working days, with additional time allowed for complex enquiries

Information about the environment, earth, air, water, living organisms or any force or activity that could affect the environment or human health.

Regulations apply to information in written, visual, oral, electronic or any other form.

Authorities are obliged to release information held. They are not required to research or manipulate data to create new information.

EI(S)R relate to the state of the elements of the environment including:

• air and atmosphere
• water
• soil
• land
• landscape
• natural sites

Factors referred to include substances, energy, noise, radiation or waste, affecting or likely to affect the elements of the environment.

EI(S)R measures include policies, legislation, plans, programmes, environmental agreements and activities affecting or likely to affect elements and factors. Reports on the implementation of environmental legislation are also covered.

The regulations include:

• cost-benefit and other economic analyses and assumptions used within the measures
• the state of human health and safely including contamination of the food chain, conditions of human life, cultural sites and built structures

As with Freedom of Information (FOI), it is possible to charge a fee document for providing environmental information on request.

Fee for environmental information requests must be paid in advance.