Normally, any request for environmental information will be dealt with under EIR 2004, unless it deals with personal information relating to the applicant, in which case you use the procedures under DPA 1998. The main thing to note is that the definition of environmental information is far wider than generally appreciated (and wider than under the previous regime). Bear in mind that the Regs do not apply solely to public authorities; they also apply to ‘any body or person carrying out a function of public administration’, and also ‘any body or person under the control of a public authority who has responsibility in relation to the environment’. This includes some companies, and public-private partnerships, for example, companies involved in energy, water, waste and transport. As under FOIA 2000, there is now a ‘public interest’ test for claimed exemptions, and that is likely to result in the disclosure of information that would previously have been regarded as confidential.

The details of the Regs need careful study. The purpose of this note is merely to remind practitioners of the existence of the separate regime for environmental information. For an introductory note, see [2005] SJ 1262.