Name: Environmental Information Regulations
Description: Environmental Information Regulations

Environmental Information Regulations

You have the right to access environmental information under the Environmental Information Regulations. This is separate from your rights under the Freedom of Information Act.

Environmental information’ is a broad term, and includes:

  • information on the state of the environment and factors effecting the environment, such as flooding, habitat loss, greenhouse gases, radioactive waste, noise, building developments and so on
  • information on measures such as policies, legislation, environmental agreements and also economic and cost-benefit analyses of these measures
  • information on the state of human health and safety, the food chain, cultural/built structures and the conditions of human life where they are affected by environmental factors, such as acid rain or air pollution

How long do we have to respond to EIR requests?

Routine requests for environmental information may be handled informally. These are simple requests which can be answered very quickly.

The legislation requires us to respond in writing within 20 working days, unless there are exceptional circumstances where the information requested has been of a complex or voluminious nature. In cases where the response period has had to be extended by a further 20 workings days, we will notify you of the delay and provide you with an estimated date of when the requested is expected to be complete.

If your initial request is unclear or ambiguous we will contact you for further information and advise you that the 20 working period has been suspended and will not recommence until we receive a  clearer request.

Can we refuse an EIR request?

The Environmental Information Regulations state exceptions that allow us to refuse to provide requested information. Some of the exceptions relate to categories of information, for example, unfinished documents and internal communications. Others are based on the harm that would arise from disclosure, for example, if releasing the information would adversely affect international relations or intellectual property rights. There is also an exception for personal data if providing it would be contrary to the UK GDPR or the Data Protection Act 2018.

Exceptions are subject to the public interest test.

Can we charge for an EIR request?

If we determine that it would be reasonable to issue a charge, this may include:

  • the actual costs of the staff time it takes to locate information;
  • staff time to put the information in an appropriate format for disclosure; and
  • the disbursements (eg photocopying, printing and postage costs) in transferring the information to the requester

Any charge we apply cannot exceed the actual cost of supplying the information. Please refer to our Schedule of Charges

How do I make a request for information

Contact the FOI team Online

Feedback - Give us your feedback using this Online Form

FOI
Dartford Borough Council
Civic Centre
Home Gardens
Dartford Kent
DA1 1DR
Tel: 01322 343434
DX: 142726 DARTFORD 7
Online: Contact our FOI Team

Please refer to our Corporate Privacy Notice for details on how we process your personal information and your rights.

Appeals and complaints

If you are unhappy with the information provided or our refusal to provide information, you will be able to request that we conduct an internal review. Requests for an internal review should be sent to the above address, within two months of receipt of our response.

If you are dissatisfied after that review, you can apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner cannot make a decision unless the internal review procedure has been exhausted.

Appeals to the Information Commissioner should be addressed to:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
SK9 5AF

You can view more information on the Information Commissioner's website.

Re-use of Information

To maximise use and re-use of any information made available under our Publication Scheme and Datasets (that have been requested as part of the Publication Scheme), where relevant, we make the information available under our Open Licence for you to reuse for non commercial purposes, research activities, private study, internal circulation within your organisation or for the purposes of news reporting. However, this is subject to the information contained within the documents being used accurately and not in a misleading context. You should also identify Dartford Borough Council as the source of the information. Where possible and relevant, we have made this data available in both a 'human-readable' format (such as PDF) and an open, 'machine-readable' format that is not dependent on any specific software (such as CSV or XML). In the case of map reference points, we have made these available as a visual map and a CSV file.

We reserve the right to charge a nominal fee under our Charged Licence PDF, 205.04 KB eg: to recover nominal charges and/or impose re-use conditions over and above those contained in the Open Licence PDF, 91.53 KB.

Intellectual Property Rights (including but not limited to copyright) Notice

Information that we provide in response to environmental information  requests, may be subject to intellectual property rights (including but not limited to copyright) protection. In most cases, the intellectual property rights will be owned by Dartford Borough Council. You may re-use any of the documents supplied as detailed above.

Please note that the Open Licence PDF, 91.53 KB will NOT APPLY where third parties hold intellectual property rights in the information, as indicated on the information itself. Compliance with intellectual property rights is solely your responsibility and Dartford Borough Council accepts no liability for infringement of any intellectual property rights, including but not limited to copyright.

If you would like to re-use our documents for other purposes eg: publishing them or using them commercially, then you will need to ask for our consent. You will be advised of any charge due under the Charged Licence PDF, 205.04 KB. Please note that any fees already paid (if any) under the environmental information legislation in respect of the information will be deducted from the charge for its re-use. You can make a formal application for re-use by writing to or emailing: The Freedom of Information Officer, Dartford Borough Council
Civic Centre,
Home Gardens,
Dartford,
Kent
DA1 1DR

DX: 142726 DARTFORD

Contact the FOI team Online

Read our Policy on re-use of Public Sector information PDF, 166.09 KB.

Further information on your rights

For more information on your rights, visit the Information Commissioner's website https://ico.org.uk

Feedback - Give us your feedback using this Online Form

FOI
Dartford Borough Council
Civic Centre
Home Gardens
Dartford Kent
DA1 1DR
Tel: 01322 343434
DX: 142726 DARTFORD 7
Online: Contact our FOI Team

Last Updated: 13th August 2021