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FAQs

To help you understand the Environmental Information Regulations a list of Frequently Asked Questions has been compiled to assist you with your request.

What is Environmental Information?

The Environmental Information Regulations provides access to information on the following:

• The state of the elements of the environment in which we live (such as air, water, soil, land, landscapes, natural sites, flora and fauna including cattle, crops, wildlife and biological diversity) and the interaction between them
• Anything relating to energy, noise, radiation, waste or radioactive waste.
• The state of human health and safety, conditions of human life, the food chain, cultural and built structures.

Who does the EIR Regulations affect?

The EIR essentially applies to the following public bodies:

• Central government
• Local authorities
• Health and education establishments
• Police forces and prison services
• Advisory groups, commissions and agencies.

What Environmental Information is available from South Tyneside Council?

South Tyneside's Environmental Health Section deals with an array of Environmental issues. Environmental information is available in the following areas:

• Environmental Health
• Environmental Food and Rural Affairs
• Health and Safety
• Food Safety
• Pest Control
• Dog Warden Control
• Pollution Control
• Refuse Collection
• Waste Management
• Recycling Programmes
• Energy Efficiency .

Who can make a request?

Anyone, regardless of age, nationality or geographical location can make a request for environmental information.

Do I need to confirm why I’m making the request?

No. You do not have to justify your reasons for your request.

What are my rights under the EIR?

Under EIR we are required to:

• Advise you of your rights.
• Offer guidance and support to assist you with your application.
• Advise you of where the information is held and how it can be accessed.
• Regularly update you on progress with your request.
• Notify you of any charges, where applicable.

How do I make a request?

Requests for Environmental Information can be made either:

• Verbally (via telephone)
• In writing (via email/fax or letter)
• By completion of the Council's EIR Request Form.

If you are making a request verbally it is recommended you keep a note of the person you speak to and the outcome of the conversation as you may wish to follow this up at a later date.  Ideally a written request is most appropriate as this is written proof of your request.

How long does an authority have to respond to EIR requests?

All EIR requests must be responded to 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, notification must be sent to you informing you of this delay during the first 20 days of your intial request.

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 clearer instructions

Can environmental information be withheld?

Regulation 12 of the Environmental Regulations does provide local authorities with exceptions to withhold information. These exceptions are not mandatory but they are subject to a public interest test.

What is a public interest test?

There are a number of exceptions but if the information is in the interest of being in the public domain then disclosure should go ahead.

A typical example of when a public body may withhold information is that of a nesting location for a rare bird species. In this case, disclosure may threaten the existence of the bird species.

What sort of information is covered by the EIR exceptions?

There are a number of reasons of why disclosure may be refused. Requests may be:

• Considered manifestly unreasonable.
• Be incomplete/part complete or not available.
• The information being requested may be in the course of being produced or finished.
• The information being requested may adversely affect intellectual property rights or the interests of the supplier or Council.
• Other exceptions relating to Defence, International Relations, National Security and the Administration of Justice may all play a role in refusal.

Do I have to pay a fee for environmental information?

Under EIR the Council can make no charges for access to the following:

• Public registers
• Environmental information lists
• On site inspections

However, for all other situations a charge may be applied but this is at the discretion of the Council and will be advised to you accordingly. Postage and photocopying charges may also be requested.

If a charge is required how long do I have to pay for it?

If a fee is required a Fees Notice will be sent to you confirming the necessary charges. All charges must be paid within 60 workings days of you receiving your notice or the request will automatically be cancelled.

What format is the information available in?

We may be able to supply the information in another format i.e. braille, large type or another language but this must be clearly communicated in your request and may incur an additional charge. Such charges are at the discretion of the departmental manager and will be advised to you.

How many requests can I make?

The EIR does not specifically limit the number of requests that you can make but the authority does have the right to refuse vexatious or repeated requests.

Does South Tyneside Council have a duty to disclose only environmental information it produces?

No. Under the EIR regulations any environmental information that South Tyneside Council holds can be accessed regardless of who produced it or owns it.

What happens if South Tyneside does not hold the information requested?

If South Tyneside Council does not hold the information you requested but believes another local authority does we have a duty to transfer the request to the appropriate public body who will advise you accordingly.

If South Tyneside cannot respond to your request and has exhausted all its potential possibilities to obtain the information we will simply send you a refusal notice stating that we do not hold the information.

What do I do if my Environmental request is refused?

If your request is refused you can appeal against this decision by asking for an internal review, where an independent team of senior staff, not involved in the first review, will assess your case. All internal reviews must be requested within 40 working days of you receiving a refusal notice. If this situation arises, we have 20 workings days to acknowledge your request and confirm a final decision.

What happens if the Environmental request is refused at the Internal Review stage?

If you are unhappy with the decision of the Internal Review, you can wr ite to the Information Commissioner to appeal against the the decision.

What does the Commissioner do once a complaint has been made?

The Information Commissioner has 28 days to review your appeal and notify you of his decision.

The Information Commissioner can be contacted at the following address:

EIR/FOI Complaints
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
General enquiries:
Tel: 01625 545 745
Fax: 01625 525 510

Please be aware that the Information Commissioner will only consider applications that have exhausted the Council's internal review/complaints procedures.